UNIVERSITY OF CALIFORNIA.
OIKT OK
Received . , 790
Accession No. O-2 ^o 6 y.
/
AMENDMENTS
SCHOOL LAWS
SESSION OF THE LEGISLATURE, 1891
COMPILED AT THE OFFICE OF THE
SUPERINTENDENT OF PUBLIC INSTRUCTION
1891
BY AUTHOBITY
LANSING
ItOBEBT SMITH & CO., STATE PRINTERS AND BINDERS
1891
During the last session of the Legislature several amendments
were made to the school law, and new laws were enacted in regard
to the supervision of schools, the granting of teachers' certificates by
the University of Michigan, the introduction of the kindergarten
method into the public schools of the State, and the organization of
township school districts in the Upper Peninsula. The numbers refer
to the sections, chapters and pages of the compilation of 1889. It is
suggested that this copy be pasted in your copy of the school law,
and that some mark be made to indicate the sections amended. A
copy of this pamphlet will be furnished to any school officer or
teacher on application to the Superintendent of Public Instruction,
Lansing.
FEKEIS S. FITCH,
Superintendent of Public Instruction.
/
AMENDMENTS TO SCHOOL LAWS.
CHAPTEE III. SECTION 19.
[ ( 46.) Page 21. Amended by act No. 21. Takes effect Oct. 1, 1891.]
SEC. 19. The district board may admit to the district Non-resident
schools non-resident pupils, and may determine the rates of pup
tuition of such pupils and collect the same: Provided, That proviso,
when non-resident pupils, their parents or guardians, pay a
school tax in said district, the same shall be credited on
their tuition a sum not to exceed the amount of such tuition
and they shall only be required to pay tuition for the dif-
ference therein.
CHAPTEE X. SECTION 3.
[ ( 109.) Page 40. Amended by act No. 21. Takes effect Oct. 1, 1891.]
SEC. 3. It shall be the duty of the board of trustees in Du *y of
any graded school district:
First, To classify and grade the pupils attending schools TO classify
in such district and cause them to be taught in such schools pl1
ot departments as they may deem expedient;
Second, To establish in such district a high school when TO establish
ordered by a vote of the district at an annual meeting, and hli
to determine the qualifications for admission to such school,
and the fees to be paid for tuition in any branch taught
therein: Provided, That when non-resident pupils, their JJJ^JjjJJ^
parents or guardians, shall pay a school tax in said district, piisuuition. P '
the same shall be credited on their tuition a sum not to
exceed the amount of such tuition and they shall only be
required to pay tuition for the difference between the amount
of the tax and the amount charged for tuition;
Third, To audit and order the payment of all [of] the Toauditand pay
accounts of the director for incidental or other expenses
incurred by him in the discharge of his duties; but no
more than fifty dollars shall be expended by the director in
one year for repairs of the buildings or appurtenances of
AMENDMENTS TO SCHOOL LAWS.
the district property without the authority of the board of
trustees;
TO employ Fourth, To employ all qualified teachers necessary for the
teachers. several schools, and to determine the amount of their com-
pensation and to require the director and moderator to make
contracts with the same on behalf of the district, in accord-
ance with the provisions of law concerning contracts with
teachers;
TO employ Fifth, To employ such officers and servants as may be
officers, etc. necessary for the management of the schools and school prop-
erty, and prescribe their duties and fix their compensation^
other duties. Sixth, To perform such other duties as are required of
district boards in other school districts.
Duty of trustees
CHAPTEE X.
[Page 21. Amended by act No. 84, adding a nww section, to stand as section No. 6. Takes
effect May 20, 1891.]
SEC. 6. Whenever the trustees of any organized graded
school district shall be presented twenty days before the
annual meeting thereof, with a petition signed by ten elect-
ors of said district, stating that it is the desire of said peti-
tioners that at the annual meeting of said school district
there shall be submitted to said annual meeting the prop-
osition to change from a graded school district to one or
more primary school districts the said trustees shall, in their
in case of vote notice of such annual meeting, state that the proposition
set forth in said petition will be presented to said meeting,
and if two-thirds of the qualified voters present at said
meeting shall vote to change to one or more primary school
districts such change shall be made, and it shall be the duty
of the board of school inspectors of the township or town-
ships in which such district is situated, upon being duly
notified of such vote, to proceed to change or divide
such district as determined by such annual meeting, and
they shall provide for the holding of the first meeting in
the or each of the proposed primary school districts in the
same manner as is provided for by law for the organization
of primary school districts, and whenever a fractional graded
school district shall be so changed, the township boards of
school inspectors of the respective townships where such
graded school district is situated, shall organize the said
district into one or more primary school districts, as pro-
vided for by law.
district to
primary.
AMENDMENTS TO SCHOOL, LAWS.
[NOTE. Page 69, second paragraph.]
Act 141 of the Public Acts of 1891 repeals Act No. 214,
Public Acts of 1889 providing that, if in any city and any
township or part of township adjoining thereto (the same
being within one county) any money remains in the fund
for payment of losses by killing of sheep by dogs " after
the payment of the orders payable out of the same and
the amount of said money shall exceed the sum of two
hundred dollars, the sum in excess of two hundred dollars
shall be apportioned by said county treasurer to the said
township or part of township and said city in proportion to
the amount contributed to said fund during the preceding
year, and the amount so apportioned to any said township
or part of township, or said city, shall be respectively appor-
tioned among the several school districts of said township
or part of township and said city, in proportion to the num-
ber of children therein of school age." The distribution of
the surplus will hereafter be made in accordance with the
provisions of section 6 of Act No. 198, Public Acts of 1877,
as amended by Act No. 283 of the Public Acts of 1881.
[ ACT No. 119. ]
[Takes effect Oct. 1, 1891.]
*AN ACT authorizing the introduction of the kindergarten
method in the public schools of this State.
SECTION 1. The People of the State of Michigan enact, Duty of district
That in addition to the duties imposed by law upon the bt
district board of every school district in this State, they
shall also be empowered to provide a suitable room or apart-
ment for kindergarten work, and to supply their district
respectively with the necessary apparatus and appliances for
the instruction of children in what is known as the kinder-
garten method.
SEC. 2. In the employment of teachers it shall be compe- Qualifications
tent for such district board to require qualifications for of
instruction of children in kindergarten methods, and the dis-
trict board may provide by contract with the teacher for
such instruction, specifying the kours and times therefor
under such rules as the district board may prescribe.
SEC. 3. All children residing within the district between what children
the ages of four and seven shall be entitled to instructions
in the kindergarten department of such district school.
SEC. 4. The powers and duties herein imposed or con-
ferred upon the district shall also be and the same are here- schools.
by imposed and conferred upon the school trustees or board
* This law permits the introduction of the kindergarten method, but does not make
it mandatory.
8
AMENDMENTS TO SCHOOL LAWS.
of education or other body, by whatever name known, man-
aging or controlling the public schools in each city and
village of this State; and this act is hereby made applicable
to every public school organized by special act or by charter
as fully as if they were named herein.
University may
issue certificate
to teach, etc.
Of annulling
certificate, ete.
[ACT No. 144. ]
[Takes effect June 19, 1891.]
AN ACT to authorize the faculty of the department of
literature, science and the arts, of the University of Michi-
gan to give teachers' certificates in certain cases.
SECTION 1. The People of the State of Michigan enact,
That the faculty of the department of literature, science and
the arts, of the University of Michigan, shall give to every
person receiving a bachelor's, master's or doctor's degree, and
also a teacher's diploma for work done in the science and the
arts of teaching from said University, a certificate, which shall
serve as a legal certificate of qualification to teach in any of
the schools of this State, when a copy thereof shall have been
filed or recorded in the office of the legal examining officer or
officers of the county, township, city or district. Such certifi-
cate shall not be liable to be annulled except by the said
faculty of the said University; but its effect may be suspended
in any county, township, city or district, and the holder thereof
may be stricken from the list of qualified teachers in such
county, township, city or district, by the legal examining officer
or officers of the said county, township, city, or district, for
any cause and in the same manner that such examining officer
or officers may be by law authorized to revoke certificates given
by himself or themselves, and such suspension shall continue
in force until revoked by tha authority suspending it.
Election of
county cominis
[ ACT No. 147. ]
[Takes effect Jane 19, 1891.]
AN ACT to provide for the election of a county commis-
sioner of schools, for the appointment of school examiners,
[and] to define the duties and fix the compensation for the
same, and to repeal all existing acts or parts of acts conflict-
ing with the provisions of this act.
SECTION 1. The People of the State of Michigan enact,
That at the meetings of the several boards of supervisors of
the different counties of the State, to be held on the fourth
AMENDMENTS TO SCHOOL LAWS. 9
Monday in June, eighteen hundred ninety-one, the said several
boards of supervisors shall elect a county commissioner of
schools for their respective counties, whose term of office
shall commence on the fourth Tuesday of August next fol-
lowing, who shall hold his or her office until the first day T erm or office.
of July, eighteen hundred ninety-three, or until his or her
successor shall be elected and qualified. Said boards of super- Appointment
visors shall also on said fourth Monday of June, appoint Sen? 001
two persons as school examiners, who, together with said
commissioner of schools, shall constitute a board of school
examiners. One of said school examiners shall be appointed Te rm of office
for a period of one year and the other for a period of two
years, from and after the second Monday of October next
after their appointment, or until their successors have been
appointed and have qualified; and thereafter such boards of Annual ap-
supervisors shall, at each annual session, appoint one examiner examiner. 1
who shall hold his office for a period of two years, or until
his successor shall have been appointed and qualified.
Within ten days after such commissioner or examiners shall Oa th of office,
have received legal notice of his or her election, he or she
shall take and subscribe to the constitutional oath of office
and the same shall be filed with the county clerk. The said
county commissioner, so appointed, shall execute a bond with Bond.
two sufficient sureties, to be approved by and filed with the
county clerk, in the penal sum of one thousand dollars, con-
ditioned that he or she will faithfully discharge the duties
of his or her office according to law, and to faithfully account
for and pay over to the proper persons all money which may
come into his or her hands by reason of his or her holding
such office; and thereupon the county clerk shall report the county cierk to
j , rr> i> -\ report address,
name and postomce address or such county commissioner to etc.
the State Superintendent of Public Instruction.
SEC. 2. There shall be elected at the election held on the Biennial election
-.g. j ., . , i-ii' i of commissioner.
first Monday in April, eighteen hundred ninety-three, and
every second year thereafter, in each county, one county com-
missioner of schools, whose term of office shall commence on Term of offlce -
the first day of July next following his or her election, and
who shall continue in office two years or until his or her
successor shall be elected and qualified. The county com- To flle tn
i i i j i j it pit' and bond,
missioner of schools elected under the provisions of this
section shall file with the county clerk for the county for
which he or she is elected his or her oath of office and bond,
the same as provided in section one of this act, and the
county clerk shall make the same report to the Superin-
tendent of Public Instruction in all respects as provided in
section one of this act.
SEC. 3. No person shall be eligible to the office of county Eligibility to
PIT -i ivi ii i j 1 office of, etc.
commissioner or schools who shall not be a graduate in the
literary department of some reputable college, university or
State normal school, or hold a State teacher's certificate, or
who shall not have held a first grade certificate, within two
years next preceding the time of his or her election, or shall
2
10
AMENDMENTS TO SCHOOL LAWS.
Proviso as to
certain counties.
Board to bold
regular exami-
nations, etc.
Special examina-
tions.
Proviso.
Schedule ef
examinations.
have held the office of county commissioner under this act:
Provided, That in counties having less than fifty schools sub-
ject to the supervision of the county commissioner, a person
holding at the time of his or her election a second grade
certificate shall be eligible.
SEC. 4. The board of school examiners shall, for the
purpose of examining all persons who may offer themselves
as teachers for the public schools, hold two regular public
examinations in each year at the county seat, which exam-
inations shall begin on the first Thursday of March and
August in each year; and for a like purpose the board of
school examiners shall hold not to exceed four special public
examinations at such times and places as in the judgment
of the board of school examiners the interests of the
schools and teachers of the county may require: Provided,
The first and second grade certificates shall be granted only
at the regular public examinations provided for in this sec-
tion. It shall be the duty of the county commissioner to
make out a schedule of the times and places of holding
special examinations and to cause it to be published in one
or more newspapers of the county at least ten days before
each special examination, and he or she shall send a copy
thereof to the chairman of each township board of school
inspectors in the county at least ten days previous to the
time of holding any special examination.
SEC. 5. The board of school examiners shall meet on the
Saturday following such public examination held by the
county commissioner and shall grant certificates to teachers
in such form as the Superintendent of Public Instruction
shall prescribe, licensing as teachers all persons who shall have
attained the age of sixteen years, who have attended said
public examinations and who shall be found qualified in
respect to good moral character, learning and ability to instruct
and govern a school, but no certificate shall be granted to
any person who shall not pass a satisfactory examination in
orthography, reading, writing, grammar, geography, arith-
metic, theory and art of teaching, United States history, civil
government and physiology and hygiene with reference to
the effects of alcoholic drinks, stimulants and narcotics upon
the human system. All certificates shall be signed by the
county commissioner and by at least one other member
of the board of examiners. No person shall be considered
a qualified teacher within the meaning of this act, nor shall
any school officer employ or contract with any person to
teach in any of the public schools, under the provisions
of this act, who has not a certificate in force, granted by
the board of school examiners or other lawful authority.
All examination questions shall be prepared and furnished
by the Superintendent of Public Instruction to the county
commissioner under seal, to be opened in the presence of
the applicants for certificates on the day of examination.
SEC. 6. There shall be three grades of certificates granted
by the board of school examiners, in its discretion, and
Meeting of board
to grant certifi-
cates, etc.
Signing of cer-
tificates.
Who deemed
qualified teacher.
Of exauii nat iui
questions.
tirades of cer-
ttficate*.
AMENDMENTS TO SCHOOL, LAWS. 11
subject to such rules and regulations as the Superintendent
of Public Instruction may prescribe, which grades of cer-
tificates shall be as follows : The certificate of the first First grade,
grade shall be granted only to those who have taught at
least one year with ability and success, and it shall be valid
throughout the State for four years: Provided, That no Proviso,
first grade certificate shall be valid in any county other
than that in which it was granted, unless a copy of said
certificate, certified by the county commissioner who issued
the same shall be filed with the county commissioner in the
county in which the holder of said certificate desires to teach.
The certificate of [the] second grade shall be granted only second grade,
to those who shall have taught at least seven months with
ability and success, and it shall be valid throughout the
county for which it shall be granted for three years. The Third^grade.
certificate of the third grade shall license the holder thereof
to teach in the county for which it shall be granted for one
year: Provided, That the county commissioner shall have Proviso.
power upon personal examination satisfactory to himself or
herself to grant certificates which shall license the holder
thereof to teach in a specified district for which it shall be
granted, but such certificate shall not continue in force
beyond the time of the next public examination and it shall
not in any way exempt the teacher from a full examination:
Provided further. That in case the holder of a special cer- Further proviso,
tificate does not appear for examination before the board
at the next public examination succeeding the date of such
special examination, a second special certificate shall not be
granted to such person, except when it appears to the com-
missioner on good evidence that the absence was occasioned
by sickness or other unavoidable cause.
SEC. 7. The board of school examiners may suspend or suspension or
revoke any teacher's certificate issued by them for any reason m
which would have justified said board in withholding the
same when given for neglect of duty, for incompetency to
instruct or govern a school, or for immorality, and the said
board may, within their jurisdiction, suspend for immorality
or incompetency to instruct and govern a school the effect of
any teacher's certificates that may have been granted by
other lawful authority: Provided, That no certificates shall proviso.
be suspended or revoked without a personal hearing, unless
the holder thereof shall, after a reasonable notice, neglect
or refuse to appear before the said board for that purpose.
SEC. 8. It shall be the duty of the county commissioner :
First, Immediately after his or her qualification as com-
missioner, to send notice thereof to the Superintendent of Mention.
Public Instruction and the chairman of each township board
of school inspectors of the county;
Second, To keep a record of all examinations held by the
board of school examiners and to sign all certificates and
other papers and reports issued by the board;
Third, To receive the institute fees provided by law of tees.
12
AMENDMENTS TO SCHOOL LAWS.
Record of cer-
tificates.
Uat of teachers,
to.
To visit schools,
tc.
Proviso as to
assistant
visitors.
and to pay the same to the county treasurer quarterly,
beginning September thirty, in each year;
Fourth, To keep a record of all certificates granted, sus-
pended or revoked by the said board or commissioner, show-
ing to whom issued, together with the date, grade, duration
of each certificate and, if suspended or revoked, with the date
and reason thereof;
Fifth, To furnish, previous to the first Monday in Sep-
tember in each year to the township clerk of each township
in the county, a list of all persons legally authorized to
teach in the county at large, and in such township, with the
date and term of each certificate, and if any have been sus-
pended or revoked, the date of such suspension or revoca-
tion;
Sixth, To visit each of the schools in the county at least
once in each year and to examine carefully the discipline,
the mode of instruction, and the progress and proficiency
of pupils: Provided, That in case the county commissioner
is unable to visit all the schools of the county as herein
required, the said commissioner may appoint such assistant
visitors as may be necessary, who shall perform such duties
pertaining to the visitation and supervision of schools as
said commissioner shall direct: Provided, That the whole
expense incurred by such assistant visitors shall not exceed
the sum of ninety dollars in any one year;
Seventh, To counsel with the teachers and school boards as
to the courses of study to be pursued, and as to any improve-
ment in the discipline and instruction in the schools;
Eighth, To promote by such means as he or she may
devise, the improvement of the schools in the county, and
the elevation of the character and qualifications of the
teachers and officers thereof, and act as assistant conductor
of institutes appointed by the Superintendent of Public
Instruction and perform such other duties pertaining thereto
as the superintendent shall require;
Ninth, To receive the duplicate annual reports of the
several boards of school inspectors, examine into the correct-
ness of the same, requiring them to be amended when neces-
sary, indorse his or her approval upon them, and imme-
diately thereafter and before the first day of November in
each year, transmit to the Superintendent of Public Instruc-
tion one copy of each of said reports and file the other in
the office of the county clerk;
Tenth, To be subject to such instructions and rules as
the Superintendent of Public Instruction may prescribe; to
receive all blanks and communications that may be sent to
him or her by the Superintendent of Public Instruction
and to dispose of the same as directed by the said Superin-
tendent, and to make annual reports at the close of the school
year to the Superintendent of Public Instruction of his or
her official labor, and of the schools of the county, together
with such other information as may be required;
Counsel with
teachers, etc.
Improvement
of schools, etc.
To receive
annual reports,
tc.
Subject to in-
structions of
Hupi. Public In-
struction, etc.
AMENDMENTS TO SCHOOL LAWS. 13
Eleventh, To perform such other duties as may be other duties.
required of him or her by law, and at the close of the
term of office to deliver all records, books and papers
belonging to the office, to his or her successor.
SEC. 9. It shall be the duty of the chairman of the Duty of chair-
board of school inspectors of each township : men ' etc -
First, To have general supervisory charge of the schools supervision of
of his township, subject to such advice and direction as the Sc
county commissioner may give;
Second, To make such reports of his official labors and TO make reports,
of the condition of the schools as the Superintendent of etc '
Public Instruction may direct or commissioner request.
SEC. 10. The compensation of each commissioner shall be compensation of
determined by the board of supervisors of each county Commi88loner -
respectively, but the compensation shall not be fixed at a
sum less than five hundred dollars per annum in any
county where there are fifty schools under his or her super-
vision; at not less than one thousand dollars per annum
where there are one hundred schools under such super-
vision ; and not less than twelve hundred dollars where
there are one hundred and twenty-five schools under his
supervision; and in no case shall such compensation exceed
the sum of fifteen hundred dollars per annum. Each mem- of examiners,
ber of the board of school examiners other than the county
commissioner shall receive four dollars for each day
actually employed in the duties of his office. The compen- o; assistant
sation of any assistant visitor, when appointed as provided visitors<
in this act, shall be determined by the county commissioner,
but in no case shall it exceed three dollars for each day
employed. The compensation of the county commissioner, TO be paid
members of the board of school examiners and of any quarterly -
assistant visitor shall be paid quarterly from the county
treasury, upon such commissioner or visitor filing with the
county clerk a certified statement of/ his or her account,
which shall give in separate items the nature and amount
of the service for each day for which compensation is
claimed : Provided, That in no case shall the county com- Proviso,
missioner receive any order for compensation from the
county clerk until he has filed a certified statement from
the Superintendent of Public Instruction that all reports
required of the commissioner have been properly made and
filed with said superintendent: Provided further, That no Further proviso,
commissioner shall receive an order for compensation until '
he shall have filed with the county clerk a detailed state-
ment under oath showing what schools have been visited by
him during the preceding quarter and what amount of
time was employed in each school, naming the township
and school district. The necessary contingent expenses of Of contingent
,-i .. . , . LA" 3 expenses.
the commissioner tor printing, postage, stationery, record
books and rent of rooms for public examinations shall be
audited and allowed by the board of supervisors of the
county, but in no county shall the expenses so allowed Limit of.
14
AMENDMENTS TO SCHOOL LAWS.
Of vacancies.
exceed the sum of two hundred dollars per annum and no
traveling fees shall be allowed to the commissioner or to
any assistant visitor or school examiner.
snail not act as SEC. 11. No county commissioner shall act as agent for
the sale of any school furniture, text-books, maps, charts or
other school apparatus, nor be interested financially in any
summer normal, or teachers' training class in the county
for which he was elected.
SEC. 12. Whenever by death, resignation, removal from
office or otherwise a vacancy shall occur in the office of the
county commissioner of schools, the county clerk shall issue
a call to the chairman of the township board of school
inspectors of each township in the county, who shall meet
at the office of the county clerk on a date to be named in
said [notices] notice not more than ten days from the date
of the notice, and appoint a suitable person to fill the
vacancy for the unexpired portion of the term of office.
SEC. 13. All schools which by special enactment may
have a district board authorized to inspect and grant cer-
tificates to the teachers employed in the same, shall be
exempt from the provisions of this act, as to the examina-
tion and licensing of teachers. The officers of every school
district which is or shall hereafter be organized in whole or
in part in any incorporated city in this State where no
special enactments shall exist in regard to the licensing of
teachers shall have power to examine and license, or may
require the county commissioner to examine and license
teachers for such district and such license shall be valid in
said district for the term of three years. All city schools
having a superintendent employed by their respective boards
of education shall be exempt from the provisions of this
chapter as to the examination and licensing of teachers and
as to the supervision of the schools in such city, but all
such schools shall, through their proper officers, make such
reports as the Superintendent of Public Instruction may
require.
SEC. 14. All acts or parts of acts conflicting with the
provisions of this act are hereby repealed.
Certain schools
exempted, etc.
Of city schools.
Exempt from
licensing of
teachers, etc.
To make reports.
Repealing
clause.
NOTE 1. The present secretary shall continue to act under the provisions of the old
law until the fourth Tuesday of August.
NOTE 2. The members of the old board of examiners other than the secretary shall
act with the school commissioner until the second Monday of October, when the term
of the examiners under this act will begin.
AMENDMENTS TO SCHOOL LAWS. 15
[ACT No. 176.]
[Takes effect June 30, 1891/1
AN ACT for the organization of township school districts
in the Upper Peninsula.
SECTION 1. The People of the State of Michigan enact, petition for
That whenever the qualified electors of any organized town- ori
ship in the Upper Peninsula desire to become organized into
a single school district, they may petition the township
board to give notice that at the succeeding township meeting
the officers for such organized school district will be chosen,
and such other business transacted as shall be necessary
thereto. ' Such petition shall be signed by a majority of the
qualified electors of the township and shall be filed in the
office of the township clerk at least fifteen days prior to the
annual township meeting. Upon the receipt and filing of cierk to notify
said petition, the township clerk shall notify the members bq
of the township board and the school [inspector] inspectors
of the township to attend a special meeting to be held not
more than five days thereafter, and at which meeting it shall
be the duty of such township board to compare the names
signed to the petition with the names appearing on the list
of registered voters qualified to vote at the preceding election,
and if it be found that a majority of the voters qualified
to vote at the preceding election have signed the petition
that the organized township of which they are resident be
organized as a single school district, they shall give notice
that at the then succeeding township meeting officers will
be chosen for such organized school district ; and shall make
and file, both with the county clerk and the secretary* of
the board of school inspectors of the county in which such
township is located, a certified copy of the above men-
tioned petition together with their finding and doings there-
on, and thereupon such township shall become a single school TO be single
district which shall be subject to all the general laws of the dil
State, so far as the same may be applicable, and said district
shall have all the powers and privileges conferred upon
union school districts by the laws of this State, all the gen-
eral provisions of which relating to common or primary
schools shall apply and be enforced in said district, except
such as shall be inconsistent with the provisions of this
act, and all schools organized in said district in pursuance
of this act, under the directions and regulations of said
board of education shall be public and free to all persons
actual residents within the limits thereof, between the ages
of five and twenty years, inclusive, and to such other per-
sons as the board of education shall admit : Provided, That Proviso,
whenever the majority of electors in any surveyed town-
ship in such organized township shall petition the board
of education to establish a school or schools therein, the
said board of education are hereby authorized and directed
* School Commissioner.
16
AMENDMENTS TO SCHOOL LAWS.
Proviso.
Duty of town-
within three months thereafter to organize such school or
schools therein.
officers of SEC. 2. The officers of said district shall consist of two
district. trustees, who, together with the clerk and school inspector
of said township, shall constitute the board . of education of
said district. Said trustees shall be elected by ballot at
the annual township meeting of the township, upon the
same ticket and canvassed in the same manner as township
officers required by law to be elected by ballot: Provided,
That at the annual election to be held in said township
next subsequent to the filing of the petition as set forth
in section one of this act there shall be elected two
trustees for said district by the electors thereof, one of
whom shall hold his office for the term of one year, and
the other one for the term of two years, and until their
successors shall be elected and qualified, and the time for
which the person voted for is intended, shall be designated
on the ballot, and at each election thereafter to be held
one trustee shall be elected in said district, who shall hold
his office for the term of two years, and until his successor
shall be elected and qualified, said trustee to be desig-
nated on the ticket or ballot for " Member of board edu-
cation."
SEC. 3. Within five days after the annual election the
ship cierk, etc. township clerk shall notify, in writing, the persons elected
trustees under this act of their election, and within five
days thereafter said trustees so elected shall take and sub-
scribe the oath of office prescribed by the constitution of
this State, before any officer authorized to administer oaths,
and file the same with the township clerk. The term of
office of the [trustee] trustees of said district shall commence
on the second Monday following the annual township
election at which they are elected.
organization] SEC. 4. The members of the board of education shall
etc< meet on the third Monday of April of each year, at the
office of the township clerk, and organize. The school
inspector of the township whose term of office will soonest
expire shall be president of the board and shall be entitled
to vote in all cases. In the, absence of the president at any
meeting a majority of the members present may choose one
of their own number president pro tern. The township
clerk of said township shall be ex officio clerk of said board
of education, and shall be entitled to vote thereon, and in
case of the absence of said clerk the board may choose
some suitable person to perform his duties. Said board
shall on said third Monday of April in each year elect
from their own number a treasurer, who shall hold his office
for one year and until his successor is elected and qualified
and may at any time fill a vacancy in the office of treasurer:
Provided, That the person appointed to fill a vacancy in
the office of treasurer shall hold the office for the unex-
pired portion of the term only. The treasurer of said board
lerk.
Treasurer.
Proviso.
AMENDMENTS TO SCHOOL LAWS. 17
shall within five days after his appointment as such treas-
urer, file with the clerk of said board the constitutional
oath of office. He shall also, before entering upon the duties TO give bond.
of his office, give a bond to said district in such sum and
with such sureties as said board shall determine and
approve, conditioned for the faithful performance of his
duties under this act, and honestly accounting for all
moneys coming into his hands belonging to said district.
The treasurer of said board shall have the keeping of all
school and library moneys, and shall not pay out the same
without the authority of the board, upon warrants or orders
drawn upon him and signed by the clerk and counter-
signed by the president.
SEC. 5. Said board of education shall have power to fill vacancies,
vacancies that may occur in the office of trustee until the
next annual election, and such trustee shall file with the
clerk of said board his oath of office within five days after
such appointment by the board.
SEC. 6. A majority of the members of said board shall Quorum, meet-
constitute a quorum, and the regular meetings of said ings> etc<
board shall be held on the third Monday of April, August
and December in each year, and no notice of such meet-
ing shall be required, and any two members of said board
shall be sufficient to adjourn any meeting from time to
time until a quorum is present. Special meetings of said
board may be called at any time on the request of the
president, or any two members thereof, in writing, delivered
to the clerk; and the clerk upon receiving such request
shall at once notify each member of said board, if within
said district, of the time of holding such meeting, which
shall be at least three days subsequent to the time of
receiving such request by said clerk. All [the] meetings of
said board shall be held at the township clerk's office,
unless otherwise ordered by a resolution of the board; and
all records and papers of said district shall be kept in the
custody of said clerk and shall be open to the inspection
of any taxpayer of said district.
SEC. 7. The said board shall be the board of school Board to report,
[inspection] inspectors for said district and shall, as such, etc<
report to the clerk of the county in which such township is
located and shall have all the powers and perform all the duties
now enjoyed and performed by boards of school inspectors, and
the president of said board shall perform all the duties
required by law of the chairman of the board of school
inspectors, and the board of school inspectors for such
township is hereby abolished except as its powers are vested
in said board of education.
SEC. 8. The board of education of said district shall have powers'of
power and authority to designate and purchase school house bc
sites, erect buildings and furnish the same, employ legally
qualified teachers, provide books for district library, make
by-laws relative to taking the census of all children in said
3
18
AMENDMENTS TO SCHOOL LAWS.
Treasurer to ap-
ply for moneys.
Tax for school
purposes.
Proviso.
district between the ages of five and twenty years, and to
make all necessary reports and transmit the same to the
proper officers, as designated by law, so that the district
may be entitled to its proportion of the primary school
fund; and said board shall have authority to make all need-
ful regulations and by-laws relative to visitation of schools;
relative to the length of time schools shall be kept, which
shall not be less than three months in each year; relative to
the employment of feachers duly and legally qualified; rela-
tive to the regulations of schools arid the books to be used
therein, and generally to do all things needful and desirable
for the maintenance, prosperity and success of the schools
of said district, and the promotion of a thorough education
of the children thereof. It shall be the duty of the treas-
urer of said board to apply for and receive from the town-
ship treasurer or other officer holding the same, all moneys
appropriated for primary [schools] school and district library
of said district.
SEC. 9. At each annual township meeting held in said
township, the qualified electors present shall determine the
amount of money to be raised by tax for all school purposes
for the ensuing year: Provided, That in case the electors at
any annual township meeting shall neglect or refuse to
determine the amount to be raised as aforesaid, then the
board of education shall determine the same at any regular
meeting thereof, which amount the township clerk shall,
within sixty days thereafter, certify to the supervisor of the
township, who shall spread the same upon the regular tax
roll of said township, and the same shall be levied, collected
and returned in the same manner as other township taxes:
Provided, That for purchasing school lots and for erecting
school houses, no greater sum than three mills on the dol-
lar of all the taxable valuation of the real and personal prop-
erty in said township shall be levied in any one year.
SEC. 10. All taxes assessed within said township for
school purposes shall be set forth in the assessment roll of
said township, in a separate column, apart and distinct from
all other township taxes.
SEC. 11. The treasurer of the township shall at any time,
at the written request of said board of education, report to
said board the amount of school money in his hands, and
shall, on the order of the president of said board of educa-
tion, pay to the treasurer of said board all such money,
taking his receipt therefor, and also a duplicate receipt
which he shall file with the clerk of said board.
SEC. 12. The said board shall annually, prior to the first
day of April in each year, make a detailed statement of the
number of schools in said district, the number of teachers
employed, and the number of pupils instructed therein dur-
ing the preceding year, and the expenditures of said board
for all purposes, and also the resources and liabilities of
said district, which report or statement shall be entered at
Idem.
Of assessment
roll.
Treasurer to
report, etc.
Board to make
statement, etc.
AMENDMENTS TO SCHOOL, LAWS. 19
length in the record of said board and shall be publicly
read by the president of said board, or in his absence by the
clerk thereof, to the electors of said township at their annual
meeting on the first Monday of April thereafter, at the
hour of twelve o'clock, noon.
SEC. 13. All school property, both real and personal, Disposition of
within the limits of a township incorporated as aforesaid, sc
shall, by force of this act, become the property of the pub-
lic schools of such township, and all debts and liabilities of
the primary school districts of said township, as they existed
prior to its incorporation under the provisions of this act,
shall become the debts and liabilities of said public schools
of the township so incorporated.
SEC. 14. All money raised or being raised by tax, or ur moneys raised
accrued or accruing to the school districts of said township, by tax<
as organized under the primary school laws of this State
shall hereby become the money of the public school of the
township and no tax heretofore ordered assessed or levied
for school purposes in said township or other proceedings
shall be invalidated or affected by means of this act.
SEC. 15. The compensation of the members .of the board compensation
of education shall be one dollar and fifty cents for each day's f
actual service rendered for said district, and the clerk and
treasurer of said board shall receive such compensation for
their services as the board may determine, not exceeding
fifty dollars each per annum.
SEC. 16. When any township district shall be divided when township
into two or more townships, the existing board of trustees ls
shall continue to act for all the townships until the same
have been organized and township boards of trustees duly
elected and qualified therein. Immediately after such organ-
ization, the township boards of each of the townships shall
meet in joint session and direct an appraisal of all the school
property of the former township to be made. When such Alteration of
appraisal has been made, said township boards shall make town8hi i>' ete -
an equitable division of the existing assets and liabilities of
the school district of such former township, basing their
apportionment upon the amount of taxable property in the
township divided, as shown by the last assessment roll of
such former township. When a township district shall be
altered in its limits by annexing a portion of its territory to
another township or townships, the township boards of each
of the townships shall, immediately after such alteration,
meet in joint session and make an equitable division of the
assets and liabilities of the school district of the township
from which the territory has been detached, basing their
division upon the amount of taxable property, as the same
shall appear upon the last assessment roll of such township.
XH K
GENERAL SCHOOL LAWS
MICHIGAN:
WITH
COMPILED AT THE OFFICE OB" THE
FERRIS S. FITCH,
BY AUTHORITY.
[.RUCTION.
OF THK
FNIVERSITT
LANSING:
DARIUS D. THORP, STATE PRINTER AND BINDER.
1889.
THE
GENERAL SCHOOL LAWS
OF
MICHIGAN:
COMPILED AT THE OFFICE OF THE
SUPERINTENDENT OF PUBLIC INSTRUCTION
1889.
BY AUTHORITY.
LANSING:
DARIUS D. THORP, STATE PRINTER AND BINDER.
1889.
THIS VOLUME IS STATE PROPERTY.
School officers, on retiring from office, are required by law to deliver this book,
with all other books and documents of an official character, to their successors in
office. See HowelVs Annotated Statutes, Chapter 295.
INTRODUCTORY.
This compilation of the General School Laws includes all constitutional
and statutory provisions relating to education at present in force. The
amendments passed at the legislative sessions of 1887 and 1889 have been
incorporated in the text, necessitating some slight changes in the arrange-
ment followed in the edition of 1885. Act No. 222, Public Acts of 1887,
relating to truancy, and Act No. 147, Public Acts of 1889, providing for
free text-books, are added as new chapters. With these additions, and a
slight change in numbering the compiler's sections in the latter part of the
text, the general plan of the edition of 1885 has been closely followed.
The opinions of Attorneys General that have from time to time been
filed in the office of the Superintendent of Public Instruction are given in
foot notes, with references to the section or sections containing the provis-
ions of law covered by the decision. It is believed that these decisions will
prove of much assistance in arriving at a proper construction of the law,
and will aid school officers very materially in solving many of the perplexing
questions that continually arise.
The digest of Supreme Court decisions embodied in Appendix A has been
brought up to date and the index carefully revised.
JOSEPH ESTABKOOK,
Superintendent of Public Instruction.
CONTENTS.
CONSTITUTIONAL PROVISIONS
Article VIII. State officers, ">
Article XIII. Education, 5
STATUTORY PROVISIONS.
Chapter I. Superintendent of Public Instruction, 8
Chapter II. Formation, Alteration, Meetings and Powers of Districts, . . 10
Chapter III. District Board and Officers, 16
Chapter IV. Township Officers, 25
Chapter V. County Clerk and Treasurer, 80
Chapter VI. Bonded Indebtedness of Districts, .31
Chapter VII. Suits and Judgments against Districts, 32
Chapter VIII. Sites for School-houses, 33
Chapter IX. Appeals from Action of Inspectors, 38
Chapter X. Graded School Districts, 39
Chapter XI. Libraries, 41
Chapter XII. Examination of Teachers and Supervision of Schools, ... 44
Chapter XIII. Penalties and Liabilities, 51
Chapter XI V. Election of School Inspectors, ..... ... 53
Chapter XV. Teachers' Institutes, 54
Chapter XVI. Normal School Diplomas and Certificates, 56
Chapter XVII. State Certificates to Teachers, 57
Chapter XVIII. Teachers' Associations, 58
Chapter ^IX. Safe Keeping of Public Moneys, 58
Chapter XX. Compulsory Education of Children, 59
Chapter XXI. Compulsory Reformatory Education of Juvenile Disorderly
Persons, 61
Chapter XXII. Regulating the Employment of Children, 64
Chapter XXIII. To Prevent Crime and Punish Truancy 65
Chapter XXIV. Free Text-Books, . . .66
Note. Apportionment of Surplus Dog-Tax to Districts 68
APPENDIXES.
Appendix A. Digest of Decisions of the Supreme Court, 71
Appendix B. Forms for Proceedings, 89
Appendix C. Rules for Libraries, 101
SCHOOL LAWS OF MICHIGAN.
CONSTITUTIONAL PROVISIONS.
ARTICLE VIII.
STATE OFFICERS.
SECTION" 1. There shall be elected at each biennial election, a state officers to
be elected.
secretary of state, a superintendent of public instruction, a state
treasurer, commissioner of the land office, an auditor general, and
an attorney general, for the term of two years. They shall keep where to keep
offices.
their offices at the seat of government, and shall perform such
duties as may be prescribed by law.
SEC. 2. Their term of office shall commence on the first day of Term of office.
January, one thousand eight hundred and fifty-three, and of every
second year thereafter.
SEC. 3. Whenever a vacancy shall occur in any of the State vacancy, how
offices, the governor shall fill the same by appointment, by and
with the advice and consent of the senate, if in session.
ARTICLE XIII.
EDUCATION.
SECTION 1. The superintendent of public instruction shall have Duties of super-
intendent of
the general supervision of public instruction, and his duties shall
be prescribed by law.
SEC. 2. The proceeds from the sales of all lands that have been school fund.
or hereafter may be granted by the United States to the State for
educational purposes, and the proceeds of all lands or other prop-
erty given by individuals, or appropriated by the State for like
GENERAL SCHOOL LAWS.
purposes, shall be and remain a perpetual fund, the interest and
income of which., together with the rents of all such lands as
may remain unsold, shall be inviolably appropriated and annu-
ally applied to the specific objects of the original gift, grant or
appropriation.
SEC. 3. All lands, the titles to which shall fail from a defect
of heirs, shall escheat to the State ; and the interest on the clear
proceeds from the sales thereof shall be appropriated exclusively
to the support of primary schools.
SEC. 4. The legislature shall, within five years from the adop-
tion of this constitution, provide for and establish a system of
primary schools, whereby a school shall be kept without charge
for tuition, at least three months in each year, in every school
district in the State ; and all instruction in said schools shall be
conducted in the English language.
SEC. 5. A school shall be maintained in each school district at
least three months in each year. Any school district neglecting
to maintain such school shall be deprived for the ensuing year of
its proportion of the income of the primary school fund, and of
all funds arising from taxes for the support of schools.
SEC. 6. There shall be elected in the year eighteen hundred
and sixty-three, at the time of the election of a justice of the
supreme court, eight regents of the university, two of whom shall
hold their office for two years, two for four years, two for six
years, and two for eight years. They shall enter upon the duties
of their office on the first of January next succeeding their elec-
tion. At every regular election of a justice of the supreme court
thereafter, there shall be elected two regents, whose term of office
shall be eight years. When a vacancy shall occur in the office of
regent, it shall be filled by appointment of the governor. The
regents thus elected shall constitute the board of regents of the
university of Michigan. 1
SEC. 7. The regents of the~ university, and their successors in
office, shall continue to constitute the body corporate known by
the name and title of " The regents of the university of Michi-
gan."
SEC. 8. The regents of the university shall, at their first annual
meeting, or as soon thereafter as may be, elect a president of the
Escheats.
Free schools.
Instruction con-
ducted In Eng-
lish language.
District schools.
When deprived
of public
money.
Election of
regents of the
university.
Vacancy, how
filled.
Regents a body
corporate.
President of the
university.
1 Amendment agreed to by the legislature of 1861, and approved by the people in
1862.
GENERAL SCHOOL LAWS.
university, who shall be ex officio a member of their board, with
the privilege of speaking, but not of voting. He shall preside at
the meetings of the regents, and be the principal executive officer
of the university. The board of regents shall have the general
supervision of the university, and the direction and control of all
expenditures from the university interest fund.
SEC. 9. There shall be elected at the general election in the state board of
education.
year one thousand eight hundred and fifty-two, three members of
a State board of education ; one for two years, one for four years
and one for six years ; and at each succeeding biennial election
there shall be elected one member of such board, who shall hold
his office for six years. The superintendent of public instruction superintendent
shall be ex officio a member and secretary of such board. The {J^^. 1011 a
board shall have the general supervision of the State normal care of normal
school.
school, and their duties shall be prescribed by law.
SEC. 10. Institutions for the benefit of those inhabitants who Asylums.
are deaf, dumb, blind or insane, shall always be fostered and
supported.
SEC. 11. The legislature shall encourage the promotion of Agricultural
intellectual, scientific and agricultural improvement ; and shall,
as soon as practicable, provide for the establishment ^of an agri-
cultural school. The legislature may appropriate the twenty-two
sections of salt spring lands now unappropriated, or the money
arising from the sale of the same, where such lands have been
already sold, and any land which may hereafter be granted or
appropriated for such purpose, for the support and maintenance
of such school, and may make the same a branch of the univer-
sity, for instruction in agriculture and the natural sciences con-
nected therewith, and place the same under the supervision of
the regents of the university.
SEC. 12. The legislature shall also provide for the establish-
ment of at least one library in each township and city; and all
fines assessed and collected in the several counties and townships m
for any breach of the penal laws, shall be exclusively applied to
the support of such libraries, unless otherwise ordered by the
township board of any township, or the board of education of any
city : Provided, That in no case shall such fines be used for other Proviso,
than library or school purposes. 1
1 Amendment agreed to by the legislature of 1879, and approved by the people in
GENERAL SCHOOL LAWS.
STATUTORY PROVISIONS.
Powers and
duties of.
To make
annual report.
Contents of.
Deputy super-
intendent.
Duties of.
School laws to
toe compiled and
published with
forms, etc. J
Act No. 164, Laws of 1881, as amended by Session Laws of 1883, 1885, 1887 and 1889.
CHAPTER I.
THE SUPERINTENDENT OF PUBLIC INSTRUCTION.
(1.) SECTION 1. The People of the State of Michigan enact,
That the superintendent of public instruction shall have general
supervision of public instruction and of all State institutions,
other than the university, that are essentially educational in
their character, and it shall be his duty, among other things, to
visit the university, the agricultural college, the institution for
the deaf and dumb, the school for the blind, the reform school,
the reform school for girls, and the public school for dependent
and neglected children, and to meet with the governing boards
of each of said institutions at least once in each year. He shall
also prepare annually, and transmit to the governor, to be by him
transmitted to the legislature at each biennial session thereof, a
report containing :
First, A statement of the condition of the university and of
each of the several State educational institutions, all incorpo-
rated institutions of learning, and the primary, graded, and high
schools ;
Second, Estimates and amounts of expenditures of all educa-
tional funds;
Third, Plans for the management of all educational funds,
and for the better organization of the educational system, if, in
his opinion, the same be required ;
Fourth, The annual reports and accompanying documents, so
far as he shall deem the same of sufficient public interest, of all
State institutions of educational character ;
Fifth, Abstracts of the annual reports of the school inspectors
of the several townships and cities of the State ;
Sixth, All such other matter relating to his office and the sub-
ject of education generally as he shall deem expedient to commu-
nicate.
(2.) SEC. 2. He may appoint a deputy superintendent of pub-
lic instruction and revoke such appointment in his discretion,
and such deputy shall take the constitutional oath of office, which
with his appointment, shall be filed with the secretary of state.
Said deputy may execute the duties of the office in case of a
vacancy or the absence of the superintendent.
(3.) SEC. 3. The superintendent of public instruction shall
compile and cause to be printed all general laws relating to schools,
together with all necessary forms, regulations, and instructions for
conducting all proceedings under said laws, or relative to the
organization and government of the schools, including rules and
regulations for the management of township and district libraries,
GENERAL SCHOOL LAWS.
and shall transmit the same to the several officers intrusted with
the care and managment of said schools.
(4.) SEC. 4. He shall semi-annually, on receiving notice from Apportionment
the auditor general of the amounts thereof, and between the first sJn^fuId,
and tenth days of May and November, apportion the primary etc -
school interest fund among the several townships and cities of
the State, in proportion to the number of children in each SeeApp - A " 154 -
between the ages of fiv,e and twenty years, as the same shall
appear by the reports of the several boards of school inspectors
made to him for the school year closing prior to the May appor-
tionment, and shall prepare a statement of the amount in the
aggregate payable to each county, and shall deliver the same to
the auditor general, who shall thereupon draw his warrant upon
the State treasurer in favor of the treasurer of each county for the
amount payable to each county. He shall also send written ^ n e JJ k
notices to the clerks of the several counties of the amount in the Amounts 1 * 8
aggregate to be disbursed in their respective counties, and the dlsbursed -
amount payable to the townships and cities therein respectively.*
(5.) SEC. 5. Whenever the returns from any county, town- caseofdefeVt^
ship, city, or district, upon which a statement of the amount to *ve returns.
be disbursed or paid to any such county, township, city, or district
shall be so far defective as to render it impracticable to ascertain
the share of primary school interest fund which ought to be dis-
bursed or paid to such county, township, city, or district, he
shall ascertain by the best evidence in his power the facts upon
which the ratio of such apportionment shall depend, and shall
make the apportionment accordingly.
(6.) SEC. 6. Whenever any county, township, city, or district, when deficiency
through failure or error in making the proper report, shall fail t?oned. e the P next
to receive its share of the primary school interest fund, the year -
superintendent of public instruction, upon satisfactory proof
that said county, township, city, or district was justly entitled to
the same, shall apportion such deficiency in his next apportion-
ment; and whenever it shall appear to the satisfaction of said
superintendent that any district has had three months' school,
but failed to have the full time of school required by law, through
no fault or negligence of the district or its officers, he may
include such district in his apportionment of the primary school
interest fund in his discretion.
(7.) SEC. 7. The superintendent of public instruction shall other duties of
perform such other duties as are or shall be required of him by 8U
law, and at the expiration of his term of office deliver to his
successor all property, books, documents, maps, records, reports,
and all other papers belonging to his office, or which may have
been received by him for the use of his office.
As amended by Act No. 202, Session Laws of 1885.
10
GENERAL SCHOOL LAWS.
CHAPTER II.
FORMATION, ALTERATION, MEETINGS, AND POWERS OP DISTRICTS.
Inspectors to
form districts.
May alter
boundaries of.
See App. A.,
IT 48.
Township clerk
to deliver notice
of formation to
Inhabitant.
See App. B.,
forms 1, 2, 3.
Inhabitant to
serve notice of
first meeting.
See 8 ]39.
Return of
notice.
Notice and
return to be
recorded.
Proceedings in
case of failure
to organize
district.
Formation of
fractional
districts.
To whom
director of such
district shall
report.
(8.) SECTION 1. The township board of school inspectors shall
divide the township into such number of school districts as may
from time to time be necessary, which districts they shall number,
and they may regulate and alter the boundaries of the same as
circumstances shall render proper, subject to the provisions here-
inafter made ; but no district shall contain more than nine sections
of land, and each district shall be composed of contiguous terri-
tory, and be in as compact a form as may be.
(9.) SEC. 2. Whenever the board of school inspectors of any
township shall form a school district therein, it shall be the duty
of the clerk of such board to deliver to a taxable inhabitant of
such district a notice in writing of the formation of such district,
describing its boundaries, and specifying the time and place of
the first meeting, which notice, with the fact of such delivery,
shall be entered upon record by the clerk. The said notice shall
also direct such inhabitant to notify every qualified voter of such
district, either personally or by leaving a written notice at his
place of residence, of the time and place of said meeting, at least
five days before the time appointed therefor ; and it shall be the
duty of such inhabitant to notify the qualified voters of said
district accordingly, and said inhabitant, when he shall have
notified the qualified voters as required in such notice, shall indorse
thereon a return, showing such notification with the date or dates
thereof, and deliver such notice and return to the chairman of
the meeting, to be by him delivered to the director chosen at
such meeting, and by said director recorded at length as a part
of the records of such district.
(10.) SEC. 3. In case the inhabitants of any district shall fail
to organize the same in pursuance of such notice as aforesaid,
the said clerk shall give a new notice in the manner hereinbefore
provided, and the same proceedings shall be had thereon as if no
previous notice had been delivered.
(11.) SEC. 4. Whenever it shall be necessary or convenient to
form a district from two or more adjoining townships, the
inspectors, or a majority of them, of each of such adjoining town-
ships, may form such district, to be designated as a fractional
district, and direct which township clerk shall make and deliver
the notice of the formation of the same to a taxable inhabitant
thereof, and may regulate and alter such district as circumstances
may render necessary in the same manner that other districts are
altered. The annual reports of the director of such district shall
be made to the inspectors of the township in which the school.
(88.) la Clement vs. Everest, 29 Mich., page 19, the Supreme Court decided that the
legality of the action of the officers in organizing a school district cannot be enquired
into collaterally; that it is none of the business of the township treasurer whether
the district was or was not properly organized and that he must go on in the perform-
ance of his duties with respect thereto until such organization has been declared
illegal on a proceeding instituted for that purpose. Kirchner, Atty. Gen., Aug. 20,
GENERAL SCHOOL LAWS. 11
house may be situated, and the inspectors of such township shall
number said district.
(12.) SEC. 5. Every such school district shall be deemed duly
organized when any two of the officers elected at the first meeting
shall have filed their acceptances in writing with the director, and
the same shall have been recorded in the minutes of such first
meeting. Every school district shall, in all cases, be presumed
to have been legally organized when it shall have exercised the
franchises and privileges of a district for the term of two year ;
and such school district and its officers shall be entitled to all the see A PP . A ,
rights, privileges, and immunities, and be subject to all the duties ir ' r25 ' 29 ' ^ 47<
and liabilities conferred upon school districts by law.
(13.) SEC. 6. The record of the first meeting made by the Director's
director shall be prima facie evidence of the facts therein set mSng^be
forth, and of the legality of all proceedings in the organization evldence -
of the district prior to the first district meeting ; but nothing in
this section contained shall be so construed as to impair the
effect of the record kept by the school inspectors, as evidence.
COEPOEATE POWEES OF DISTEICTS.
(14.) SEC. 7. Every school district organized in pursuance of school districts
this chapter, or which has been organized and continued under Strata. 68
any previous law of the State or territory of Michigan, shall be
a body corporate, and shall possess the usual powers of a corpora-
toin for public purposes, by the name and style of "School District Name and style.
Number - (such number as shall be designated in the forma-
tion thereof by the inspectors), of " (the name of the town-
ship or townships in which the district is situated), and in that Powers of.
name shall be capable of suing and being sued, of contracting
and being contracted with, and of holding such real and personal
estate as is authorized to be purchased by the provisions of law,
and of selling the same.
ALTEEATION OF DISTEICTS.
(15.) SEC. 8. Whenever the board of school inspectors shall Meetings of
contemplate an alteration of the boundaries of a district, the SdistJicts.
township clerk (and for meetings of boards to act in relation to
fractional districts, clerks of the several townships interested)
shall give at least ten days' notice of the time and place of the
meeting of the inspectors, and the alterations proposed, by post- Notlce of -
ing such notice in three public places in the township or town- see APP. B.,
ships, one of which notices shall be in each of the districts that formlt5 -
may be affected by such alteration. Whenever the board of se APP. A.,
school inspectors of more than one township meet, they shall w l> 36 ' 38 ' 46>
elect one of their number chairman, and another clerk thereof. b
(16. ) SEC. 9. The inspectors may, in their discretion, detach Powers of
the property of any person or persons from one district and
attach it to another ; except that no land which has been taxed
b As amended by Act No. 82, Session Laws of 1883.
GENERAL SCHOOL LAWS.
See App. A..
HIT 2. 3, 37, 41,
42, 43, 45, 98.
When consent
of tax-payers
to be obtained.
See 110.
Persons out of
district may be
attached there-
to In certain
cases.
Township clerk
to give notice
of alteration In
districts.
See App. B.,
form 4.
for building a school-house shall be set off into another school
district for the period of three years thereafter, except by the con-
sent of the owner thereof; and no district shall be divided into
two or more districts without the consent of a majority of the
resident tax-payers of said district, and no two or more districts
be consolidated without the consent of a majority of the resident
tax-payers of each district.
(17.) SEC. 10. The inspectors may attach to a school district
any person residing in a township, and not in any organized dis-
trict, at his request ; and for all district purposes except raising
a tax for building a school-house, such person shall be considered
as residing in such district ; but when set off to a new district,
no sum shall be raised for such person as his proportion to the
district property.
(18.) SEC. 11. In all cases where an alteration of the boundaries
of a school district shall be made, the township clerk shall, within
ten days, deliver to the director of each district affected by the
alteration a notice in writing, setting forth the action of the
inspectors and defining the alterations that have been made.
DIVISION OF PROPERTY.
When district Is
divided prop-
erty to be
apportioned.
See App. A.,
HIT 3, 4, 40, 98,
105.
When school-
house or site
is not needed,
may be sold.
See App. A.,
Proceeds of
sale to be
apportioned.
How proportion
to be ascer-
tained.
Proviso.
( 19.) SEC. 12. When a new district is formed in whole or in
part, from one or more districts possessed of a school-house, or
entitled to other property, the inspectors, at the time of forming
such new district, or as soon thereafter as may be, shall ascertain
and determine the amount justly due to such new district from
any district out of which it may have been in whole or in part
formed, as the proportion of such new district, of the value of
the school-house and other property belonging to the former dis-
trict, at the time of such division ; and whenever by the division
of any district, the school-house or site thereof shall no longer
be conveniently located for school purposes, and shall not be
desired for use by the new district in which it may be situated,
the school inspectors of the township in which such school-house
and site shall be located, may advertise and sell the same, and
apportion the proceeds of such sale, and also any moneys belong-
ing to the district thus divided, among the several districts
erected in whole or in part from the divided district.
(20.) SEC. 13. Such proportion shall be ascertained and
determined according to the value of the taxable property of the
respective parts of such former district at the time of the divis-
ion, by the best evidence in the power of the inspectors ; and
such amount of any debt due from the former district, which
would have been a charge upon the new, had it remained in the
former district, shall be deducted from such proportion : Pro-
vided, That no real estate thus set off, and which shall not have
been taxed for the purchase or building of such school-house,
(19.) Upon investigation we are of the opinion that the school inspectors of the
township have full and absolute control over the advertisement, sale and appor-
tionment of the proceeds among the several districts, erected in whole or in part
therefrom. -VanRiper, Attorney General, July 24, 1382,
GENERAL SCHOOL LAWS. 13
shall be entitled to any portion thereof, nor be taken into account
in such division of district property.
DISTRICT MEETINGS.
(21.) SEC. 14. The annual meeting of each school district shall Annual meet-
be held on the first Monday of September in each year, and the lng '
school year shall commence on that day: Provided, That any school year.
school district that shall so determine at an annual meeting, or
at a special meeting duly called for that purpose, may hold its
annual meeting on the second Monday of July in each year, or Date of annual
,1 f, 0.1 ,. , i meeting may be
in the same manner may thereafter change the time of its annual changeed.
meeting to the first Monday in September in each year, and the
trustees and officers of the district shall date their terms of office
from the date so chosen and until their successors are elected
and qualified : Provided jurther, That such action in either case Proviso,
shall not change the time of the commencement of the school
year or the taking of the annual school census.
(22.) SEC. 15. Special meetings may be called by the district special meet
board ; and it shall be the duty of said board, or any one of them,
to call such meetings on the written request of not less than five ^ e r e m A 8 pp - B "
legal voters of the district, by giving the notice required in the next
succeeding section; but no special meeting shall be called unless ^en may not
the business to be transacted may lawfully come before such Buslnes8 of to
meeting, and no business shall be transacted at a special meeting ^stated in
unless the same be stated in the notice of said meeting.
(23.) SEC. 16. All notices of annual or special district meet- JJjj^U g f
ings, after the first meeting has been held as aforesaid, shall * l ** ' B
specify the day, and hour and place of meeting, and shall be forms 7/9. "
given at least six days previous to such meeting, by posting up
copies thereof in three of the most public places in the district,
one copy of which for each meeting shall be posted at the outer
door of the district schoolhouse, if there be one; and in case of
any special meeting called for the purpose of establishing or
changing the site of a schoolhouse, such notice shall be given at
least ten days previous thereto: Provided, That when any of the
district board shall receive a request to call a special meeting, as notice,
provided in the preceding section, he shall forthwith give notice,
as above provided, of said meeting, which shall be called in not
less than six nor more than twelve days from the time the said
officer shall receive the notice aforesaid. No annual meeting
shall be deemed illegal for want of due notice, unless it shall megaffor want
appear that the omission to give such notice was willful and of notlce -
fraudulent.
(24.) SEC. 17. Every person of the age of twenty-one years, JJJf.|SS5
who has property liable to assessment for school taxes in any d n lst g rict meet-
school district, and who has resided therein three months next
preceding any school meeting held in said district, or who has
c As amended by Act No. 22, Session Laws ietio.
(24.). A person who ha<s no property within the school district liable to assessment
for school taxes has no right to vote when the raising of money by tax is in question.
Kirclmer, Attorney General, Sept. 20, 1877.
14
GENERAL SCHOOL LAWS.
Challenging
voters.
Oaths to be
tendered chal-
lenged voters.
resided three months next preceding such meeting on any terri-
tory belonging to such district at the time of holding said meet-
ing, shall be a qualified voter in said meeting upon all questions,
and all other persons who are twenty-one years of age, and are the
parents or legal guardians of any children included in the school
census of the district, and who have for three months as afore-
said, been residents of said district or upon any territory belong-
ing thereto at the time of holding any school meeting, shall be
entitled to vote on all questions arising in said district which do
not directly involve the raising of money by tax.
(25.) SEC. 18. If any person offering to vote at a school district
meeting shall be challenged as unqualified by any legal voter in
such district, the chairman presiding at such meeting shall declare
to the person challenged the qualifications of a voter; and if such
person shall state that he is qualified, and the challenge shall not
be withdrawn, the said chairman shall tender to him an oath, in
substance as follows : " You do swear (or affirm) that you are
twenty-one years of age, that you have been for the last three
months an actual resident of this school district, or residing upon
territory now attached to this school district, and that you are lia-
ble to pay a school district tax therein ; " and every person taking
such oath shall be permitted to vote on all questions proposed at
such meeting. Or he may take the following oath, to wit: " You
do swear (or affirm) that you have been for the past three months
an actual resident of this school district, or residing upon territory
now attached to this school district, and that you are the parent or
legal guardian of one or more children now included in the
school census of this district;" and he may vote upon all ques-
tions which do not directly involve the raising of money by tax.
If any person so challenged shall refuse to take such oath, his
vote shall be rejected ; and any person who shall willfully take a
false oath, or make a false affirmation, under the provisions of
this section, shall be deemed guilty of perjury. When any ques-
tion is taken in any other manner than by ballot, a challenge
immediately after the vote has been taken shall be deemed to be
made when offering to vote, and treated in the same manner.
(26.) SEC. 19. If at any district meeting any person shall con-
duct himself in a disorderly manner, and, after notice from the
moderator or person presiding, shall persist therein, the moder-
ator or person presiding may order him to withdraw from the
meeting, and on his refusal, may order any constable, or^ther
person or persons, to take him into custody until the meeting
shall be adjourned ; and any person who shall refuse to withdraw
from such meeting on being so ordered as herein provided, and
also any person who shall willfully disturb such meeting by rude
and indecent behavior, or by profane or indecent discourse, or in
any other way make such disturbance, shall, on conviction
thereof, be punished by a fine not less than two nor more than
fifty dollars, or by imprisonment in the county jail not exceeding
thirty days; and any justice of the peace, recorder, or police
justice of the township, ward, or city where such offense shall be
False oath
deemed
perjury.
Disorderly per-
sons at district
meetings to be
taken into
custody.
Penalty for'
disturbing
meeting.
Who shall have
jurisdiction in
trial.
GENERAL SCHOOL LAWS. 15
committed, shall have jurisdiction to try and determine the same.
(27.) SEC. 20. The qualified voters in any school district Powers of
when lawfully assembled at the first and at each annual meeting,
or at an adjournment thereof, or at any special meeting law-
fully called, except as hereinafter provided, shall have power :
First, At the first meeting and at any meeting after the To appoint tem.
organization of the district, in the absence of the moderator, to pori
appoint a chairman for the time being, and in the absence of the
director to appoint some person to act in his stead, who shall
keep a minute of the proceedings of such meeting and certify the
same to the director, to be by him entered in the records of the
district ;
Second, To adjourn from time to time as occasion may require; May adjourn.
Third, To elect district officers as hereinafter provided; TO elect officers.
Fourth, To designate, as hereinafter provided, a site or such To^etipwte"
number of sites as may be desired for school-houses, and to ^ e f s or 8chooU
change the same when necessary ; see 89.
Fifth, To direct the purchasing or leasing of a site or sites, T dlrect P ur :
, .11 -i , -, ,-, i .1*1 i . . -i . chase, etc., of
lawfully determined upon; the building, hiring, or purchasing site,
of a school-house or houses, or the enlarging of a site or sites
previously established ;
Sixth, To vote such tax as the meeting shall deem sufficient,
to purchase or lease a site or sites, or to build, hire or purchase a
school-house or houses: but the amount of taxes to be raised in Limit of tax.
any district for the purpose of purchasing or building a school-
house or houses in the same year that any bonded indebtedness is See 78 -
incurred, shall not exceed in districts containing less than ten
children between the ages of five and twenty years, two hundred
and fifty dollars; in districts having between ten and thirty
children of like age, it shall not exceed five hundred dollars; and
in districts having between thirty and fifty children of like age,
it shall not exceed one thousand dollars. No legal subdivisions w jJ 1 nd not
[subdivision] of land shall be taxed for building a school-house
unless some portion thereof shall be within two and one-half
miles of said school-house site.
Seventh, To impose such tax as shall be necessary to keep their J o r ^^
school- house or houses in repair, and to provide the necessary purposes,
appendages and school apparatus, and in districts having district
libraries, for the support of the same, and to pay and discharge
any debts or liabilities of the district lawfully incurred, and also
'to pay for the services of any district officer. The tax herein Llmit of tax -
authorized to be voted shall not exceed one-half the amount
which the district is -authorized to raise for building school-
houses.
(27, par. fifth). [In relation to power of school district to acquire land for enlarge
ment of site]. It seems the owner of the land refuses to sell, and the question arises
as to the proper method of obtaining such land for the enlargement of the site. I
find nothing whatever in the act, save that in Chapter VIII, section 2 et. seq., and
this says nothing whatever about the enlargement of sites; yet land for enlargement
is, I think, within the meaning of the act, and as there are no other provisions of
law by which to obtain an enlarged site, where the owner refuses to sell, it is advis-
able to proceed thereunder, and if it does not cover cases of enlargement of site, let
the courts so decide and the law must then be amended. Fan Riper* Atty. (Jen.,
March 21, 1882.
16
GENERAL SCHOOL LAWS.
To direct sale
of certain
property.
Direct In regard
to suits.
May appoint
building com-
mittee.
At annual meet-
ing to deter-
mine limit of
school.
Forfeiture of
public moneys.
When district
board to deter-
mine length of
school.
May appropriate
surplus mill-tax
to certain
purposes.
Eighth, To authorize and direct the sale of any school-house,
site, building or other property belonging to the district, -when
the same shall no longer be needed for the use of the district ;
Ninth, To give such directions and make such provisions as
they shall deem necessary in relation to the prosecution or defense
of any suit or proceeding in which the district may be a party,
or interested ;
Tenth, To appoint, as in their discretion it may be necessary,
a building committee to perform such duties in supervising the
work of building a school-house as they by vote may direct ;
Eleventh, At the first and the annual meetings only, to deter-
mine the length of time a school shall be taught in their district
during the ensuing year, which shall not be less than nine
months in districts having eight hundred children over five and
under twenty years of age, and not less than five months in
districts having from thirty to eight hundred children of like
ages, nor less than three months in all other districts, on pain of
forfeiture of their share of the one-mill tax and primary school
interest fund ; but in case such matters shall not be determined
at the first or annual meetings, the district board shall determine
the same ; and in case the district fails to vote for at least the
minimum length required herein, the district board shall make
provisions for said minimum length of school ;
Twelfth, To appropriate any surplus moneys arising from the
one-mill tax, after having maintained a school in the district at
least eight months in the school year, for the purpose of purchas-
ing and enlarging school sites, or for building or repairing
school-houses, or for purchasing books for library, globes, maps,
and other school apparatus, or for any incidental expenses of the
school .
CHAPTER III.
DISTRICT BOARD AND OFFICERS.
Term of office.
ScTofBcers" 8 " (^ g ) SECTION 1. At the first meeting in each school district
see A P p C A 8 ' there shall be elected by ballot a moderator for the term of three
W 151, 152." years, a director for two years, and an assessor for one year ; and
see uo, 147. on the expiration of their respective terms of office, and regu-
larly thereafter at the annual meetings, their several successors
shall be elected in like manner for a term of three years each.
The time intervening between the first meeting in any school
district and the first annual meeting thereafter shall be reckoned
as one year.
(27, paragraph eight.) All sales thus made shall be in the corporate name of the
school district, as provided in section 7, chapter 2, of said act 164, while the deed or
deeds of the conveyance of lands sold as above provided , shall be executed by the
district board in their official capacity, but in the name of such district. VanRiper,
Atty. Gen., July 24, 1882.
(28.) School district officers cannot be elected by a bare plurality vote. In electing
officers the school district acts in its corporate capacity, and no corporate action can
be had without the concurrence of the majority. Kirchner, Atty. Gen., July 18, 1817.
X
GENERAL SCHOOL LAWS. 17
(29.) SEC. 2. A school district office shall become vacant upon when district
the occurrence of any of the following events :
First, The death of the incumbent;
Second, His resignation ;
Third, His removal from office;
Fourth, His removal from the district;
Fifth, His conviction of any infamous crime ;
Sixth, His election or appointment being declared void by a
competent tribunal ;
Seventh, His neglect to file his acceptance of office, or to give
or renew any official bond, according to law.
(30.) SEC. 3. In case any one of the district offices becomes
vacant, the two remaining officers shall immediately fill such
vacancy ; or in case two of the offices become vacant, the
remaining officer shall immediately call a special meeting of the
district to fill such vacancies ; in case any vacancy is not filled as
herein provided within twenty days after it shall have occurred,
or in case all the offices in a district shall become vacant, the
board of school inspectors of the township to which the annual
reports of such district are made shall fill such vacancies. Any
person elected or appointed to fill a vacancy in a district office officerr
shall hold such office until the the next succeeding annual meet-
ing, at which time* the voters of the district shall fill such office
for the unexpired portion of the term.
(31.) SEC. 4. Any qualified voter in a school district who has
property liable to assessment for school taxes shall be eligible to
election or appointment to office in such school district, unless
such person be an alien.
(32.) SEC. 5. Within ten days after their election or appoint-
ment, the several officers of each school district shall file with flled -
the director written acceptances of the offices to which they have
been respectively elected or appointed, and such acceptances
shall be entered in the records of the district by said director.
(33.) SEC. 6. The moderator, director, and assessor shall con-
stitute the district board. Meetings of the board may be called
by any member thereof by serving on the other members a writ-
ten notice of the time and place of such meeting at least twenty-
four hours before such meeting is to take place; and no act
authorized to be done by the district board shall be valid unless action by board.
voted at a meeting of the board. A majority of the members
of the board at a meeting thereof shall be necessary for the
transaction of business.
(29.) The temporary absence of the assessor does not create a vacancy in the office.
If his family continues to reside in the district, and he has not actually removed, he
retains his residence and with it his office A removal is necessary, and a temporary
absence, his family remaining, is not a removal, and there is no vacancy. Van Riper,
Atty. Gen., Feb. 8, 1882.
(g33.) The district board should act together. It is not necessary for valid official
action that all the members should be consulted, but opportunity must be given to
all the members to express their opinion and to vote upon the questions submitted
to them. Kirchner, Atty. Gen., Dec. 4, 1877.
(33.) Whenever a power is vested in a board for a public purpose, it requires a
quorum to act and a majority of that quorum to determine a matter before it.
Kirchner, Atty. Gen., Apr. 7, 1879.
18
GENEKAL SCHOOL LAWS.
Board to pur-
chase record
books, etc.
See App. A.,
IT 103.
Board to pur-
chase, etc., site,
and build, etc.,
school-house.
See App. A.,
1T1T 114, 134.
Necessity of
title or lease
to site before
building school
house.
See App. B.,
forms 23, 24, 25.
Board to esti-
mate lax for
support of
schools.
Limit of tax in
certain cases.
When board
may borrow
money.
Board to report
district taxes
to township
clerk.
See App. B.,
form 12.
Board to apply
moneys accord-
Ing to law.
(34.) SEC. 7. The said district board shall purchase a record
book and such other books, blanks, and stationery as may be
necessary to keep a record of the proceedings of the district
meetings and of meetings of the board, the accounts of the
assessor, and for doing the business of the district in an orderly
manner.
(35.) SEC. 8. The district board shall purchase or lease, in the
corporate name of the district, such sites for school-houses as shall
have been lawfully designated, and shall build, hire, or purchase
such school-houses as may be necessary out of the fund provided
for that purpose, and make sale of any site or other property of
the district when lawfully directed by the qualified voters ; but
no district in any case shall build a stone or brick school-house
upon any site without having first obtained a title in fee to the
same, or a lease for ninety-nine years; nor shall any district build
a frame school-house on any site for which they have not a title
in fee or a lease for fifty years, without securing the privilege of
removing the said school-house when lawfully directed so to do
by the qualified voters of the district at any annual or special
meeting when lawfully convened.
(36.) SEC. 9. It shall be the duty of the district board to
estimate the amount necessary to be raised, in addition to other
school funds, for the entire support of such schools, including
teachers' wages, fuel, and other incidental expenses, and for
deficiencies of the previous year for such purposes. But in
districts having less than thirty scholars, such estimate, includ-
ing the district's share of the primary school interest fund and
one-mill tax, shall not exceed the sum of fifty dollars a month
for the period during which school is held in such district ; and
when such amount has been estimated and voted by the district
board, it shall be reported for assessment and collection, the same
as other district taxes. When a tax has been estimated and voted
by the district board under the provisions of this section, and is
needed before it can be collected, the district board may borrow
to an amount not exceeding the amount of said tax.
(37.) SEC. 10. The district board shall, between the first and
third Mondays in September in each year, make out and deliver
to the township clerk of each township in which any part of the
district is situated, a report in writing under their hands of all
taxes voted by the district during the preceding year, and of all
taxes which said board is authorized to impose, to be levied on
the taxable property of the district.
(38.) SEC. 11. The district board shall apply and pay over all
school moneys belonging to the district, in accordance with the
provisions of law regulating the same, and no money raised by
district tax shall be used for any other purpose than that for
which it was raised, without a consenting vote of two-thirds of
(35) The record of a lease for a term of years is not essential to its validity, though
leases for a longer term than three years should be recorded in order to render them
effectual against subsequent purchasers in good faith and for a valuable considera-
tion. The non payment of rent does not ipso facto terminate the lease. Kirchner,
Atty. Gen., Sep. 26, 1877.
GENERAL SCHOOL LAWS. 19
the tax-paying voters of the district ; and no moneys received
from the primary school interest fund, nor from the one-mill tax
except as provided by law shall be appropriated to any other use
than the payment of teachers' wages, and no part thereof shall
be paid to any teacher who shall not have received a certificate of
qualification from proper legal authority before the commence-
ment of his school. No school district shall apply any of the g c e ^[ s la b n arred
moneys received by it from the primary school interest fund, or SomVubii?
from any and all other sources, for the support and maintenance mone y s -
of any school of a sectarian character, whether the same be under
the control of any religious society, or made sectarian by the
school district board.
(39.) SEC. 12. Said board shall present to the district, at each Board to make
annual meeting, a report in writing, containing an accurate aE
statement of all moneys of the district received by them, or any
of them, during the preceding year, and of the disbursements
made by them, with the items of such receipts and disbursements.
Such report shall also contain a statement of all taxes assessed contents of.
upon the taxable property of the district during the preceding
year, the purposes for which such taxes were assessed, and the
amount assessed for each particular purpose, and said report
shall be entered by the director in the records of the district.
(40.) SEC. 13. The district board shall hire and contract with Board to hire
such duly qualified teachers as may be required ; and all contracts g^ ^"' B
shall be in writing and signed by a majority of the board on forms se', 27.'
behalf of the district. Said contracts shall specify the wages contracts.
agreed upon and shall require the teacher to keep a correct list school register
of the pupils, and the age of each, attending the school, and the to
number of days each pupil is present, and to furnish the director seeu7.
with a correct copy of the same at the close of the school. Said contracts to be
contract shall be filed with the director, and a duplicate copy of
the contract shall be furnished to the teacher. No contract with
any person not holding a legal certificate of qualification then certificate.
authorizing such person to teach shall be valid, and all such con-
tracts shall terminate, if the certificate shall expire by limitation
and shall not immediately be renewed, or if it shall be suspended 92,93,94.
or revoked by proper legal authority. A school month within school month
the meaning of the school laws shall consist of four weeks of five dt
days in each week, unless otherwise specified in the teacher's
contract.
(41.) SEC. 14. The district board shall have the care and cus- ? c a h r e ^ d ou u 8 8 e e . of
tody of the school-house and other property of the district, except
so far as the same shall by vote of the district be specially con-
fided to the custody of the director, including all books pur-
chased for the use of indigent pupils, and shall open the school-
house for public meetings unless by a vote at a district meeting
it shall be determined otherwise : Provided, That said board may gjjj d a j bl
exclude such public meetings during the five school davs of each meeSngs'at
certain times.
(3S.) I am inclined to think that no money raised by district taxes can be used for
any other purpose than that for which it was raised unless by vote of two-third a of the
tax paying voters of the district. I think this section must be strictly and literally
observed. Kirchner, Atty. Gen., Sept. 26, 1877.
GENERAL SCHOOL LAWS.
Instruction in
physiology and
hygiene, etc.,
required.
Text-books In
physiology, etc
to be approved
by State board
of education.
week of any and all school terms, or such parts thereof as in their
discretion they may deem for the best interest of the schools.
Board to specify (42.) SEC. 15. The district board shall specify the studies to
prescribTt d ext- be pursued in the schools of the district [districts], and in addi-
books. tion to the branches in which instruction is now required by law
to be given in the public schools of the State, instruction shall
be given in physiology and hygiene with a special reference to
the nature of alcohol and narcotics and their effects upon the
human system. Such instruction shall be given by the aid of
text-books in the case of pupils who are able to read and as thor-
oughly as in other studies pursued in the same school. The
text-books to be used for such instruction shall give at least one-
fourth of their space to the consideration of the nature and
effects of alcoholic drinks and narcotics, and the books used in
the highest grade of graded schools shall contain at least twenty
pages of matter relating to this subject. Text-books used in giv-
ing the foregoing instruction shall first be approved by the State
Board of Education. Each school board making a selection of
text-books under the provisions of this act shall make a record
thereof in their proceedings and text-books once adopted under
the provisions of this act shall not be changed within five years
except by the consent of a majority of the qualified voters of tha
district present at an annual meeting or at a special meeting
called for that purpose. The district board shall require each
teacher in the public schools of such district, before placing the
school register in the hands of the directors [director] as pro-
vided in section thirteen of this act, to certify therein whether
or not instruction has been given in the school or grade presided
over by such teacher, as required by this act, and it shall be the
duty of the director of the district to file with the township clerk
a certified copy of such certificate. Any school board neglecting
or refusing to comply with any of the provisions of this act,,
shall be subject to fine or forfeiture the same as for neglect of
any other duty pertaining to their office. This act shall apply to
all schools in the State, including schools in cities or villages,
whether incorporated under special charter or under the general
laws. d
( 43.) SEC. 16. The district board may purchase at the expense
of the district, such text-books as may be necessary for the use of
children when parents are not able to furnish the same, and they
shall include the amount of such purchase in the report to the
township clerk or clerks, to be levied in like manner as other
district taxes.
(44.) SEC. 17. The district board shall have the general care
of the school, and shall make and enforce suitable rules and regu-
lations for its government and management, and for the preser-
Mey suspend or vation of tne property of the district. Said board may authorize
expei disorderly or order the suspension or expulsion from the school, whenever
TMinila J T
in its judgment the interests of the school demand it, of any
Purchase of
books for poor
children.
Board to estab
llsh rules for
school.
See App. A.,
pupils.
d As amended by act No. 93, public acts of 1883, and act No. 165, public acts of 1887.
GENERAL SCHOOL LAWS. - 21
pupil guilty of gross misdemeanor or persistent disobedience.
Any person who shall disturb any school by rude and indecent Penalty for dis-
behavior, or by profane or indecent discourse, or in any other tu
way make such disturbance, shall, on conviction thereof, be pun-
ished by a fine not less than two nor more than fifty dollars, or
by imprisonment in the county jail not exceeding thirty days.
(45.) SEC. 18. All persons residents of any school district, s ^ j an atten *
and five years of age, shall have an equal right to attend any No 8ep ' arate
school therein ; and no separate school or department shall be a ^ou>n^
kept for any persons on account of race or color: Provided, That ?ace?etc!
this shall not be construed to prevent the grading of schools ^ee APP. A.,
according to the intellectual progress of the pupil, to be taught Griming not
in separate places as may be deemed expedient. prevented.
(46.) SEC. 19. The district board may admit to the district Non-resident
school non-resident pupils, and may determine the rates of tuition se^App A
of such pupils, and collect the same. t 112.
MODERATOR.
( 47.) SEC. 20. It shall be the duty of the moderator of each Moderator,
school district:
First, To preside, when present, at all meetings of the district TO preside.'
and of the board ;
Second, To countersign all orders legally drawn by the director To countersign
,.? J , , i -i , i -I warrants and
upon the assessor for moneys to be disbursed by the district, and orders,
all warrants of the director upon the township treasurer for see APP. A.,
moneys raised for district purposes, or apportioned to the district 5 ' 57 '
by the township clerk;
Third, To cause an action to be prosecuted in the name of the
district on the assessor's bond, in case of any breach of any con-
dition thereof;
Fourth, To perform such other duties as are or shall be by law other dutles -
required of the moderator.
DIRECTOR.
(48.) SEC. 21. It shall be the duty of the director of each Director.
school district:
First, To act as clerk, when present, at all meetings of the To be clerk -
district and of the board ;
( 44.) It is not competent for the district board to assume the expense incurred in
the legal defense of a teacher prosecuted for an assault alleged to have been made in
the punishment of a pupil. Kirchner, Attorney General, Dec. 4, 1877.
(45.) The domicile of any person is the place which he has chosen for his perma-
nent residence. Sometimes the law makes a distinction between "residence" and
"domicile." Residence, contra distinguished from domicile, is the locality in which a
person may reside for the time being. But in the case under consideration the term
residence is used in the sense of domicile. I have no doubt that a person who makes
Flint his or her home for no other purpose than to enjoy school privileges and with
the intention of removing to his or her former home after the closing of the school is
"not actually a resident of said district." A minor having parents living partakes of
the domicile of his or her parents. Kircnner, Attorney General, Jan. 23, 1879.
(47.) The moderator should examine every order before countersigning it, and if it
is drawn for an improper purpose, and with intent to defraud the district or to divert
the fund from its proper channel, he should refuse to countersign such order, and
the courts will sustain him in such action. -Van Riper, Attorney General, Feb. 8, 1882.
22
GENERAL SCHOOL LAWS.
To keep and
record minutes.
To give notices
of meetings.
See App. B.,
forms 7, 9.
To draw and
sign warrants
and orders.
See App. A.,
in 50, 66.
See App B.,
forms 10, 11.
To draw and
sign contracts.
See App. B.,
form 26.
To provide
appendages and
keep school-
house In repair.
Proviso.
See App. A.,
HIT 99, 101.
To keep
account.
To present
estimates of
expenses to
annual meeting
To preserve
records and
other docu-
ments.
Other duties.
To take school
census.
List to be
sworn to.
.Second, To record the proceedings of all district meetings, and
the minutes of all meetings, orders, resolutions, and other pro-
ceedings of the board, in proper record books ;
Third, To give the prescribed notice of the annual district
meeting, and of all such special meetings as he shall be required
to give notice of in accordance with the provisions of law;
Fourth, To draw and sign warrants upon the township treas-
urer for all moneys raised for district purposes, or apportioned
to the district by the township clerk, payable to the assessor of
the district, and orders upon the assessor for all moneys to be
disbursed by the district, and present them to the moderator, to
be countersigned by that officer. Each order shall specify the
object for which, and the fund upon which, it is drawn ;
Fifth, To draw and sign all contracts with teachers, when
directed by the district board, and present them to the other
members of the board for further signature ;
Sixth, To provide the necessary appendages for the school-
house, and keep the same in good condition and repair during
the time school shall be taught therein: Provided, That nothing
herein contained shall be construed to authorize the director to
purchase charts or any apparatus to be used in the school-room
without a vote of the district authorizing the same;
Seventh, To keep an accurate account of all expenses incurred
by him as director, and such account shall be audited by the
moderator and assessor, and on their written order shall be paid
out of any money provided for the purpose;
Eighth, To present at each annual meeting an estimate of the
expenses necessary to be incurred during the ensuing year by the
director as provided by law, and for payment of the services of
any district officer;
Ninth, To preserve and file copies of all reports made to the
school inspectors, and safely preserve and keep all books, papers,
and other documents belonging to the office of director, or to the
district when not otherwise provided for, and to deliver the same
to his successor in office ;
Tenth, To perform such other duties as are or shall be required
of the director by law 1 or the district board.
(49.) SEC. 22. It shall be the duty of the director, or such
other person as the district board may appoint, within ten days
next previous to the first Monday in September in each year, to
take the census of the district, and make a list in writing of the
names and ages of all the children betwen the ages of five and
twenty years residing therein, and a copy of said list shall be
(48, paragraph six.) I think the director has power to provide new patent seats, if
in his judgment such acquisition is '"necessary." It is a general principle of law
that whenever a power may be exercised by any person in certain emergencies, in
the absence of any provision to the contrary, the person who is to execute the power
must decide whether the emergency is sufficient for him to act. The director must
decide what is necessary and he is responsible tor any abuse of power. The word
"necessary" as used in Sec. 48, must not be understood in its literal sense, i. e.
things that cannot be done without. In such a sense none of the conveniences and
apparatus found in schools would be necessary. I take it that all such things are
necessary which in the judgment of the director would promote the efficiency and
welfare of the school, having due regard to all the circumstances of the case.
Kirchner, Atty. Gen., July 31, 1877.',
GENERAL SCHOOL LAWS. 23
verified by the oath or affirmation of the person taking such
census, by affidavit appended thereto or indorsed thereon, setting
forth that it is a correct list of the names of all the children
between the ages aforesaid residing in the district, which affidavit
may be made before the clerk of the township; and said list shall ^^ J, fl ,|f d
be returned with the annual report of the director to the town- ei*.
ship clerk. Children in almshouses, prisons, or asylums, not what chiidreu
otherwise residents of the district, and not attending the school, n(
shall not be included in the said census ; nor shall Indian children
be so included unless they attend the school, or their parents are
liable to pay taxes therein.
(50.) SEC. 23. The directors shall also, at the end of the TO make annual
school year, and previous to the second Monday in September in Specters.
each year, deliver to the township clerk, to be filed in his office, a
report to the board of school inspectors of the township, showing:
First, The whole number of children belonging to the district contents of.
between the ages of five and twenty years, according to the
census taken as aforesaid ;
Second, The number attending school during the year under
five, and also the number over twenty years of age ;
Third, The number of non-resident pupils of the district that
have attended school during the year;
Fourth, The whole number that have attended school during
the year;
Fifth, The length of time the school has been taught during
the year by a qualified teacher, the name of each teacher, the
length of time taught by each, and the wages paid to each.
Sixth, The average length of time scholars, between five and
twenty years of age, have attended school during the year ;
Seventh, The amount of money received from the township
treasurer apportioned to the district by the township clerk ;
Eighth, The amount of money raised by the district, and the
purposes for which it was raised;
Ninth, The kind of books used in the school ;
Tenth, Such other facts and statistics in regard to the schools
and the subject of education as the superintendent of public
instruction shall direct.
(51.) SEC. 24. The director of each fractional district shall where director
make his annual report to the clerk of the township in which
the school-house is situated, and shall also report to the clerk of re P rt -
each township in which the district is in part situated, the
number of children between the ages of five and twenty years in
that part of the district lying in such township.
ASSESSOK.
(52.) SEC. 25. It shall be the duty of the assessor of each A8
1 -i -i , , J Se
school district ?
(52). Is a district assessor justifiable under the law in refusing to pay an order
drawn for any purpose not authorized by law although such order is duly signed by
the director and countersigned by the moderator? Cases may arise in which the
assessor is in duty bound not to pay such orders. KircTiner. Atty. Gen., May 22, 1860,
GENERAL SCHOOL LAWS.
To give bond.
See App. B.,
form 6.
Bond to be
approved.
Bond filed with
director.
When suit to
be brought
thereon.
To pay proper
orders.
To keep record
of receipts and
disbursements.
To make annua
report to dls-
trlet board.
To appear for
district In suits,
See App. A.,
M 106, 109.
To deliver to
bis successor
books, papers,
etc.
Other duties.
First, To execute to the district and file with the director
within ten days after his election or appointment a bond in double
the amount of money to come into his hands as such assessor
during his term of office, as near as the same can be ascertained ,
with two sufficient sureties, to be approved by the moderator and
director, conditioned for the faithful application of all moneys
that shall come into his hands by virtue of his office, and to per-
form all the duties of his said office as required by the provisions
of this act. Said bond shall be filed with the director, and in
case of any breach of the condition thereof, the moderator shall
cause a suit to be commenced thereon in the name of the district,
and any moneys collected thereon shall be paid into the township
treasury, subject to the order of the district officers, and shall be
applied to the same purposes as the moneys lost should have been
applied by the assessor ;
Second, To pay all orders of the director, when lawfully drawn
and countersigned by the moderator, out of any moneys in his
hands belonging to the fund upon which such orders may be
drawn ;
Third, To keep a book in which all the moneys received and
disbursed shall be entered, the sources from which the same have
been received, and the persons to whom and the objects for which
the same have been paid;
Fourth, To present to the district board at the close of the
school year a report in writing, containing a statement of all
moneys received during the preceding year and of each item of
disbursements made, and exhibit the voucher therefor ;
Fifth, To appear for and on behalf of the district in all suits
brought by or against the same, when no other directions shall be
given by the qualified voters in district meeting, except in suits in
which he is interested adversely to the district, and in all such
cases the moderator shall appear for such district, if no other
direction be given as aforesaid ;
Sixth, At the close of his term of office to settle with the distrct
board, and deliver to his successor in office all books, vouchers,
orders, documents, and papers belonging to the office of assessor,
together with all district moneys remaining on hand ;
Seventh, To perform such other duties as are or shall be by law
required of the assessor.
(52.) The sureties on a bond executed by the assessor of the school district are not
responsible for acts or omissions occurring beyond the period for which the assessor
was elected. In case of his re-election a new bond should be given. Kirchntr A.tty.
Gen., Dec. 4, 1877.
(52.) Mr. 8. was elected to the office of assessor of a school district and gave the
requisite bonds. Since his first election he has been re-elected but lias never exe-
cuted any additional bonds. He has never been requested so to do by the moderator
and director. Latterly the director requested him to execute an official bond and 8.
replied that he could not do so just then, and thereupon and without any further
proceedings the district treated the office of assessor as vacant and pioceeded at once
to an election to fill said supposed vacancy. I am entirely clear that Mr. S. has not
forfeited his office and that he is not only justified, but it is his duty not to pass
over any of the papers pertaining to the office or any of the school district moneys.
But Mr. S. should give bonds at once. Both the director and moderator were derelict
in their duty in failing to require the bond of the assessor at the outset. After filing
the bond Mr. 8. should continue to administer the office of assessor. KircJmer, Atty~
Gen., Sept. 18, 1879.
GENERAL SCHOOL LAWS. 25
CHAPTER IV.
TOWNSHIP OFFICERS.
TOWNSHIP BOARD OF SCHOOL INSPECTORS.
(53.) SECTION 1. The school inspectors of each township, . B <>a rd of school
together with the township clerk, shall constitute the township mspec
board of school inspectors. Said board shall meet within twenty see HI, UT.
days after the first Monday in April in each year, and elect one
of their number, other than the township clerk, chairman of said
board, and the township clerk shall be the clerk thereof. 6
(54.) SEC. 2. The chairman of said board shall be the treasurer chairman of
thereof, and shall give bond to the township in double the amount tr^urer 1 " 5
of moneys to come into his hands during his term of office, as TO give bond,
near as the same can be ascertained, wfth two sufficient sureties,
to be approved by the township clerk, conditioned for the faithful
appropriation of all moneys that may come into his hands by virtue
of his office. Said bond shall be filed with the township clerk, and Bond to be niea.
in case of the non-fulfillment thereof, said clerk shall cause a suit When suit to
to be commenced thereon, and the moneys collected in such suit thereonf ht
shall be paid into the township treasury, and shall be applied to
the same purposes as the moneys lost should have been applied
by said treasurer of the board of school inspectors.
(55.) SEC. 3. On the third Monday in September in each inspectors to
.1 in j. T i. J.J.- f ii make triplicate
year, the inspectors shall make triplicate reports, setting forth report,
the whole number of districts in their townships, the amount of
money raised and received for township and district libraries,
and such other items as shall from year to year be required by contents of.
the Superintendent of Public Instruction, together with the sev-
eral particulars set forth in the reports of the school directors
for the preceding year; and the township clerk shall, within ten Disposition of
dajs thereafter, forward two copies of the same to the secretary re
of the county board of school examiners, and file the other copy
in his office.*
(56.) SEC. 4. It shall be the duty of the school inspectors, inspectors to
before making their annual report, as required by the preceding Jf qoaSfled 1
section, to examine the list of legally qualified teachers on file in teachers,
the office of the township clerk, and if in any school district a see 134,
school shall not have been taught for the time required by law Subd ' 6 "
during the preceding school year by a legally qualified teacher,
no part of the public money shall be distributed to such district, TO report
although the report from such district shall set forth that a
school has been so taught ; and it shall be the duty of the board
to certify to the facts in relation to any such district in their
annual report.
As amended by Act No. 9, session laws of 1883, and Act No. 96, session laws of 1885.
(853 ) When the inspectors fail to elect a chairman within twenty days after the
first Monday of April, [ am of the opinion that the organization can be perfected
after such date by the election of a chairman, and that failure to comply with the
law referred to, does not preclude a legal organization thereafter. Taggart, Atty.
(Jen., May 20, lt>86.
* Amended by Act No. 266, Public Acts of 1887.
26
GENERAL SCHOOL LAWS.
Inspectors to
render account
to township
board.
(57.) SEC. 5. It shall be the duty of the board of inspectors
to render to the township board, on the Tuesday next preceding
the annual township meeting, a full and true account of all mon-
eys received and disbursed by them as such inspectors during the
year, which account shall be settled by said said township board,
and such disbursements allowed, if the proper vouchers are pre-
sented.
(58.) SEC 6. The whole number of meetings of the township
inspectors. board of school inspectors at the expense of the township, during
gee APP. A.,t i. any one school year, shall not exceed eight ; but this shall not be
construed to prevent said board holding further meetings in case
of necessity, provided no expense to the township be incurred.
Number of
meetings of
TOWNSHIP CLERK.
Township clerk
to be clerk
of board of
Inspectors.
Duties as such.
See 141, 142.
To notify county
clerk of chair-
man of board
of Inspectors.
To make map
of districts.
Where map to
be filed.
When new map
to be made.
To report to
supervisor all
tchool taxes.
See 145.
See App. B.,
form 2'2.
(59.) SEC. 7. The township clerk shall be the clerk of the
board of school inspectors by virtue of his office, and shall attend
all meetings of said board, and, under their direction, prepare all
their reports and record the same, and shall record all their pro-
ceedings. He shall also receive and keep all reports to inspect-
ors from the directors of the several school districts in his town-
ship, and all the books and papers belonging to the inspectors,
and file such papers in his office ; and he shall receive all such
communications, blanks and documents as may be transmitted ta
him by the superintendent of public instruction, and dispose of
the same in the manner directed by said superintendent.
(60.) SEC. 8. It shall be the duty of the township clerk annually r
immediately after the organization of the board of school inspect-
ors of his township, to transmit to the county clerk a certified
statement of the name and postofice address of the chairman of
said board, and in case there shall be a change in such chairman r
during the year, he shall immediately notify the county clerk of
such change.
(61.) SEC. 9. Each township clerk shall cause a map to be
made of his township, showing by distinct lines thereon the
boundaries of each school district, and parts of school districts
therein, and shall regularly number the same thereon as estab-
lished by the inspectors. One copy of such map shall be filed by
the said clerk in his office, and the other copy he shall file with the
supervisor of the township; and within one month after any
division or alteration of a district, or the organization of a new
one in his township, the said clerk shall file a new map and copy
thereof as aforesaid, showing the same.
(62.) SEC. 10. It shall be the duty of the township clerk of
each township, on or before the first day of October of each year,
to make and deliver to the supervisor of his township a certified
copy of all statements on file in his office of moneys proposed to
be raised by taxation in each of the several school districts of the
township for school purposes. He shall also certify to the super-
visor the amount to be assessed upon the taxable property of any
school district retaining the district school-house or other prop-
GENERAL SCHOOL LAWS. 27
erty, on the division of the district, as the same shall have been
determined by the inspectors, and he shall also certify the same
to the director of such district, and to the director of the district
entitled thereto.
(63.) SEC. 11. On receiving notice from the county treasurer TO apportion
of the amount of school moneys apportioned to his township,
the township clerk shall apportion the same amount to the
several districts therein entitled to the same, in proportion to
the number of children in each, between the ages of five and
twenty years, as the same shall be shown by the annual report of
the director of each district for the school year closing prior to
the May apportionment.*
(64.) SEC. 12. Said clerk shall also apportion to the school
districts in his township, as required by law, on receiving notice
of the amount from the township treasurer, all moneys raised by
township tax, or received from other sources, for the support of
schools; and in all cases make out and deliver to the township
treasurer a written statement of the number of children in each treasurer,
district drawing money, and the amount apportioned to each see A P P B
-,. -I -i ,1 , i rr> i i forms 20, 21.
district, and record the apportionment in his office; and when-
ever an apportionment of the primary school interest fund, or J^^wm
moneys raised by tax, or received from other sources, is made, he apportioned
shall give notice of the amount to be received by each district to dl
the director thereof.
TOWNSHIP SUPEKVISOR AND TREASURER,
(65.) SEC. 13. It shall be the duty of the supervisor of the town-
ship to assess the taxes voted by every school district in his town-
ship, and also all other taxes provided for in this act, chargeable
against such district or township, upon the taxable property of see 145
the district or township respectively, and to place the same on
*As amended by Act No. 92, Public Acts of 1837.
(65.) A supervis9r in levying school taxes erroneously included a part of the
territory of one district in an adjoining district and when the tax was collected
it was paid to the district in which the supervisor had included the territory in
question, and not to the district in which the territory belonged. These proceedings
on the part of the supervisor were clearly illegal, and the collection thereof could
have been successfully resisted, or if the taxes had been paid under protest, the parties
Eaying could have recovered the amount thus unlawfully collected. It has been
eld by the Supreme Court that acquiescence in and payment of an illegal tax
eptops the taxpayer from afterwards complaining of it, but the payment of an illegal
tax, if refused, cannot be enforced (Wattles vs. City of Lapeer, 40 Mich., 625. The
People ex. rel. orebhart vs. East Saginaw, 30 Mich., 336). The taxes thus illegally
assessed do not belong to either school district, therefore the one cannot sue the
other for the recovery of such taxes improperly paid. It is not the money of the
district in whose hands it now is, but it is an illegal tax collected from individuals
P^a voluntarily and without protest and therefore cannot be collected back, for
the Supreme Court in the case cited (40 Mich., 625), say: "If the people taxed
acquiesce and pay these taxes they may not afterwards be heard to complain, but
r idb refuse, the courts have no power to compel them." Van Riper, AUy. Gen.,
July ^*, 1882.
(65.) The only statute I notice relative to the assessment of school taxes is sec-
tion 5090 Howelrs Statutes, and subsequent sections. They are to be assessed upon
the taxable property of the districts or township. I suppose the personal property
of residents of the district, together with the real estate of each resident within
the district, would properly be taxed to each individual, notwithstanding the fact
that some of his personal property was without the district and within the town-
the property is in another township from where the party to be assessed reside?.
Taggart, AUy. Gen.
GENERAL SCHOOL LAWS.
Taxes not
assessed at
prper time.
Assessment of
ne-mlll tax.
How applied.
Tf ken forfeited
bj districts.
How appor-
tioned.
Where accrued
moneys shall
belong.
When district is
divided certain
taxes to be
assessed.
Proviso.
How such taxes
to be applied.
Taxes in frac-
tional districts.
the township assessment roll in the column for school taxes, and
the same shall be collected and returned by the township treas-
urer in the same manner and for the same compensation as town-
ship taxes. If any taxes provided for by law for school purposes
shall fail to be assessed at the proper time, the same shall be
assessed in the succeeding year.
(66.) SEC. 14. The supervisor shall also assess upon the tax-
able property of his township one mill upon each dollar of the
valuation thereof in each year, and report the aggregate valuation
of each district to the township clerk, who shall report said
amount to the director of each school district, in his township,
or to the director of any fractional school district, a portion of
which may be located in said township, before the first day of
September of each year, and all moneys so raised shall be appor-
tioned by the township clerk to the district in which it was raised ;
and all money collected by virtue of this act during the year on
any property not included in any organized district, or in dis-
tricts not having, during the previous school year, three months'
school in districts having less than thirty children, or five months'
school in districts having thirty and less than eight hundred
children, or nine months' school in districts having eight hun-
dred, or more children, as shown by the last school census, shall
be apportioned to the several other school districts of said town-
ship, in the same manner as the primary school interest fund is
now apportioned. All moneys accruing from the one mill tax in
any township, before any district shall have a legal school there-
in, shall belong to the district in which it was raised, when they
shall severally have had a three months' school by a qualified
teacher.*
(67.) SEC. 15. The amount to be assessed upon the taxable
property of any school district retaining the school-house or other
property, on the division of a district, as the same shall have
been determined by the inspectors, shall be assessed by the super-
visor in the same manner as if the same had been authorized by
a vote of such district; and the money so assessed shall be placed
to the credit of the taxable property taken from the former dis-
trict, and shall be in reduction of any tax imposed in the new
district on said taxable property for school district purposes:
Provided, That if the district retaining the school-house shall
vote to pay, and shall pay, before said taxes are assessed, any
portion of said amount to the new district, said amount, as shall
be certified by the moderator and director of the new district to
the supervisor, shall be deducted from the amount to be assessed
as provided in this section. When collected, such amount shall
be paid over to the assessor of the new district, to be applied to
the use thereof in the same manner, under the direction of its
proper officers, as if such sum had been voted and raised by said
district for building a school-house or other district purposes.
(68.) SEC. 16. The full amount of all taxes to be levied upon the
taxable property in a fractional school district shall be certified
'* As amended by Act No. 84, Public Acts of 1887.
GENERAL SCHOOL LAWS. 29
by the district board to the township clerk of each township in
which such district is in part situated, and by such township
clerks to the supervisors of their respective townships, and it
shall be the duty of each of said supervisors to certify to each
other supervisor interested the amount of taxable property in
that part of the district lying in his township: Provided, That Proviso how
when there exists a manifest difference in the valuation of prop- equal
erty assessed in fractional districts, composed of territory in
adjoining townships or counties, such valuation shall be equal-
ized for this specific purpose by the supervisors of the townships
interested, at a joint meeting held for that purpose, on applica-
tion of either of the supervisors of said townships. And such
supervisors shall respectively ascertain the proportion of such
taxes, including mill tax, to be placed on their respective assess-
ment rolls, according to the amount of taxable poperty in each
part of such district. And if said supervisors cannot agree as to
the proportion of such taxes to be placed on their respective
assessment rolls, a supervisor from an adjoining township shall
be called to meet with said supervisors in said fractional district
and assist in equalizing said valuation. Said supervisor to be
paid at the rate of three dollars per diem for the time necessarily
employed in attendance at such meeting of the supervisors, and
all necessary traveling expenses, by the townships in interest.*
(69.) SEC. 17. The supervisor, on deliverv of the warrant for statement
, . . , .to township
the collection of taxes to the township treasurer, shall also treasurer,
deliver to said treasurer, a written statement of the amount of
school and library taxes, the amount raised for district purposes
on the taxable property of each district in the township, the
amount belonging to any new district on the division of the
former district, and the names of all persons having judgments
assessed under the provisions of this act upon the taxable property
of any district, with the amount payable to such person on
account thereof.
(70.) SEC. 18. The supervisor of each township, on the f|{J5JSf {,
delivery of the warrant for the collection of taxes to the town- urerof one-mtn
ship treasurer, shall also deliver to said treasurer a written state- fractional In
ment, certified by him, of the amount of the one-mill tax levied dlstrlct -
upon any property lying within the bounds of a fractional school
district, a parr, of which is situate within his township, and the
returns of which are made to the clerk of some other township;
and the said township treasurer shall pay to the township treas-
urer of such other township the amount of the taxes so levied
and certified to him for the use of such fractional school district.
(71.) SEC. 19. Whenever any portion of a school district J 011 ^ ^"^.
shall be set off and annexed to any other district, or organized of taxes o 611
into a new one, after a tax for district purposes other than the
payment of any debts of the district shall have been levied upon
the taxable property thereof, but not collected, such tax shall be
collected in the same manner as if no part of such district had
* As amended by Act No. 38, Public Acts of 1887, and Act No. 162, Public Acts of
30
GENEEAL SCHOOL LAWS.
All school taxes
assessed to be
paid next to
township
expenses.
See A pp. A ,
T! 35, 66, 78.
See App. B ,
form 19.
Townt-h'p treas-
urer to apply to
county treasur-
er for moneys.
To notify town-
ship clerk of
moneys.
Moneys due
fractional
districts.
been set off, and the said former district, and the district to
which the portion so set off may be annexed or the new district
organized from such portion, shall each be entitled to such pro-
portion of said tax as the amount of taxable property in each
part thereof bears to the whole amount of taxable property on
which such tax is levied.
(72.) SEC. 20. The township treasurer shall retain in his
hands, out of the moneys collected by him, after deducting the
amount of tax for township expenses, the full amount of the
school taxes on the assessment roll, and hold the same subject to
the warrant of the proper district officers, to the order of the
school inspectors, or of the persons entitled thereto, and give a
written notice to the township clerk of the amount.
(73.) SEC. 21. The township treasurer shall, from time to
time, apply to the county treasurer for all school and library
moneys belonging to his township, or the districts thereof; and
on receipt of the moneys to be apportioned to the districts, he
shall notify the township clerk of the amount to be apportioned.
(74.) SEC. 22. Each treasurer of a township, to the clerk of
which the retuups of any fractional school district shall be made,
shall apply to the treasurer of any other township in which any
part of such fractional school district may be situated, for any
money to which such district may be entitled ; and when so
received it shall be certified to the township clerk, and appor-
tioned in the same manner as other taxes for school purposes.
CHAPTER V.
COUNTY CLERK AND TREASURER.
County clerk
to receive and
dispose of com-
munications,
etc.
County clerk to
file Inspectors'
reports.
Notice of
apportionment
of moneys.
County treas-
urer to apply
for monoys
appropriated.
To notify town-
ship clerks of
amounts.
(75.) SECTION 1. It shall be the duty of each county clerk to
receive all such communications, blanks and documents as may
be directed to him by the superintendent of public instruction,
and dispose of the same in the manner directed by said superin-
tendent.
(76.) SEC. 2. The clerk of each county shall, on receiving
from the secretary of the county board of school examiners the
annual reports of the several boards of school inspectors, file the
same in his office. On receiving notice from the superintendent
of Public Instruction of the amount of moneys apportioned to
the several townships in his county, he shall file the same in his
office, and forthwith deliver a copy thereof to the county
treasurer.* EP^I
(77.) SEC. 3. The several county treasurers shall apply for
and receive such moneys as shall have been apportioned to their
respective counties, when the same shall become due ; and each
of said treasurers shall immediately give notice to the treasurer
and clerk of each township in his county, of the amount of
school moneys apportioned to his township, and shall hold the
same subject to the order of the township treasurer.
* As amended by act No. 266, public acts of 1887.
GENERAL SCHOOL LAWS. 31
CHAPTER VI.
BONDED INDEBTEDNESS OF DISTRICTS.
(78. ) SECTION 1. Any school district may, by a two-thirds vote
of the qualified electors of said district present at any annual
meeting, or a special meeting called for that purpose borrow
money, and may issue bonds of the district therefor, to pay for a
school-house site or sites, and to erect and furnish school build-
ings as follows: Districts having less than thirty children
between five and twenty years of age may have an indebtedness
not to exceed three hundred dollars; districts having thirty
children of like age may have an indebtedness not to exceed five
hundred dollars ; districts having fifty children of like age may
have an indebtedness not to exceed one thousand dollars; dis-
tricts having one hundred children of like age may have an
indebtedness not to exceed three thousand dollars; districts hav-
ing one hundred and twenty-five children of like age, and with
an assessed valuation of not less than one hundred and fifty
thousand dollars, may have an indebtedness not to exceed five
thousand dollars; districts having two hundred children of like
age may have an indebtedness not to exceed eight thousand dol-
lars; districts having three hundred children of like age may
have an indebtedness not to exceed fifteen thousand dollars;
districts having four hundred children of like age may have an
indebtedness not to exceed twenty thousand dollars; districts
having five hundred children of like age may have an indebted-
ness not to exceed twenty-five thousand dollars; and districts
having eight hundred children or more of like age may have an
indebtedness not to exceed thirty thousand dollars: Provided,
That the indebtedness of a district shall in no case extend beyond maybet6sued.
ten years for money borrowed : Provided further, That in all rroviso regu-
proceedings under this section the director, assessor, and one liJnT "
person appointed by the district board, shall constitute a board bonds
of inspection, who shall cause a poll-list to be kept, and a suit-
able ballot-box to be used, which shall be kept open two hours,
and said ballotings shall be conducted in the same manner as at
township elections.*
(79.) SEC. 2. Whenever any school district shall have voted to
borrow any sum of money, the district board of such district is borrowed.
hereby authorized to issue the bonds of such district, in such
form, and executed in such manner by the moderator and
director of such district, and in such sums, not less than fifty interest
dollars, as such district board shall direct, and with such rate of lb
interest, not exceeding eight per centum per annum, and payable
at such time or times as the said district shall have directed.
(78.) A school district has no power to issue^bonds for purposes other than those
enumerated in section 3726, compiled laws, asTamended by act No. 173, laws of 1879
(i. e. tc pay for a school-house site or sites, and^to erect and furnish school buildings.)
Kirchner, Attorney General, Nov. 6, 1880.
* As amended by act No. 56, public acts of 1887.
32
GENERAL SCHOOL LAWS.
voters may
District may
<tke d r bonds fur
Proviso.
(80.) SEC. 3. Whenever any money shall have been borrowed
by any school district, the taxable inhabitants of such district are
hereby authorized at any regular meeting of such district, to
impose a tax on the taxable property in such district, for the
purpose of paying the principal thus borrowed, or any part
thereof, and the interest thereon, to be levied and collected as
other school district taxes are collected.
(81.) SEC. 4. Any school district, whenever it shall appear
that the same can be done on terms advantageous to said district,
mav borrow money to pay any bonded indebtedness of said dis-
trict then existing, and issue further bonds of said district there-
for: Provided, That a majority of the qualified voters of said
district shall so determine, at an annual or special meeting
called for that purpose; and that the notice of such meeting,
whether annual or special, shall state the intention to take such
vote.
CHAPTER VII.
SUITS AND JUDGMENTS AGAINST DISTRICTS.
APP. A.,
i
ertain cases,
suit against
district.
visor judgment
against district.
when assessor
how 8 par c ty rt may
proceed.
of fracional
-district.
(82.) SECTION 1. Justices of the peace shall have jurisdiction
^ n a ^ cases ^ assumpsit, debt, covenant and trespass on the case
gainst school districts, when the amount claimed, or matter in
controversy shall not exceed one hundred dollars ; and the parties
shall have the same right of appeal as in other cases.
(83.) SEC. 2. When any suit shall be brought against a school
district, it shall be commenced by summons, a copy of which
shall be left with the assessor of the district at least eight days
before the return day thereof.
(^ ) ^EC. 3. ^ execution styall issue on any judgment
against a school district, nor shall any suit be brought thereon,
but the same shall be collected in the manner prescribed in this
act.
(85.) SEC. 4. Whenever any final judgment shall be obtained
against a school district, if the same shall not be removed to any
O ther court, the assessor of the district shall certify to the super-
visor of the township and to the director of the district, the date
and amount of such judgment, with the name of the person in
whose favor the same was rendered, and if the judgment shall be
removed to another court, the assessor shall certify the same as
aforesaid, immediately after the final determination thereof
against the district.
(86.) SEC. 5. If the assessor shall fail to certify the judgment
as required in the preceding section, it shall be lawful for the
party obtaining the same, his executors, administrators or assigns
to file with the supervisor the certificate of the justice or clerk
of the court rendering the judgment showing the facts which
should have been certified by the assessor.
( 87t ) SG ' 6< I f tbe district against whom any such judgment
shall be rendered is situated in part in two or more townships, a
GENERAL SCHOOL LAWS. 33
certificate thereof shall be delivered as aforesaid to the supervisor
of each township in which such district is in part situated.
(88.) SEC. ?. The supervisor or supervisors receiving either supervisors to
of the certificates of a judgment as aforesaid shall proceed to o"15gi?ent? t '
assess the amount thereof, with interest from the date of the
judgment to the time when the warrant for the collection thereof
will expire, upon the taxable property of the district, placing the
same on the next township assessment roll in the column for
school taxes; and the same proceedings shall be had, and the HOW collected
same shall be collected and returned in the same manner as other aE
district taxes.
CHAPTER VIII.
SITES FOR SCHOOL-HOUSES.
(89.) SECTION 1. The qualified voters of any school district, ^ e 1 i 4 pp 1 -'
when lawfully assembled, may designate by a vote of two-thirds of Voters ' to deslg _
those present, such number of sites as may be desired for school- nate sites,
houses, and may change the same by a similar vote at any annual
meeting. When no site can be established by such inhabitants as
aforesaid, the school inspectors of the township or townships in when inspsct-
,.,,/,.,.,. .*[ , , , -,, , , . J , , - .. ors shall deter-
which the district is situated snail determine where such site mine site,
shall be, and their determination shall be certified to the director see A PP . B.,
of the district, and shall be final, subject to alteration afterward f
by the inspectors, on the written request of two-thirds of the
qualified voters of the district, or by two-thirds of the qualified
voters agreeing upon a site, at a district meeting lawfully called.
(890.) SEC. 2. Whenever a site for a school-house shall be Disagreement
i . i -i -i , -i j i T i -i ' -i -i upon compensa-
designated, determined, or established, in any manner provided tion for site.
by law, in any school district, and such district shall be unable
to agree with the owner or owners of such site upon the compen-
sation to be paid therefor, or in case such district shall, by
reason of any imperfection in the title to said site, arising either
from break in the chain of title, tax sale, mortgages, levies, or
any other cause, be unable to procure a perfect, unincumbered
title, in fee simple to said site, the district board of such district
shall authorize one or more of its members to apply to the cir-
cuit judge, if there be one in the county, or to a circuit court
commissioner of the county, or to any justice of the peace of the
city or township in which such school district shall be situated,
for a jury to ascertain and determine the just compensation to
be made for the real estate required by such school district for
such site, and the necessity for using the same, which application contents of
shall be in writing, and shall describe the real estate required by ai
such district as accurately as is required in a conveyance of real
estate : Provided, That whenever any school district shall have Proviso-evi
designated, selected, or established, in any manner provided by
law, a school-house site, such selection, designation, or estab-
lishment shall be prima facie evidence to said jury of the neces-
sity to use the site so established.
GENERAL SCHOOL LAWS.
Jury to be
summoned.
Owner to be
notified.
Notice in case
owner is
unknown, etc.
Return of
venire and
proceedings
thereon.
(91.) SEC. 3. It shall be the duty of such circuit judge, circuit
court commissioner, or justice of the peace, upon such application
being made to him, to issue a summons or venire, directed to the
sheriff or any constable of the county, commanding him to sum-
mon eighteen freeholders residing in the vicinity of such site,
who are in no wise of kin to the owner of such real estate, and
not interested therein, to appear before such judge, commis-
sioner, or justice, at the time and place therein named, not less
than twenty nor more than fifty days from the time of issuing
such summons or venire, as a jury to ascertain and determine the
just compensation to be made for the real estate required by such
school district for such site, and the necessity for using the
same, and to notify the owner or occupant of such real estate, if
he can be found in the county, of the time when and the place
where such jury is summoned to appear, and the object for which
such jury is summoned; which notice shall be served at least
ten days before the time specified in such summons or venire for
the jury to appear as hereinbefore mentioned.
(92.) SEC. 4. Thirty days' previous notice of the time when
and the place where such jury will assemble shall be given by the
district board of such district, where the owner or owners of such
real estate shall be unknown, non-residents of the county, minors,
insane, non compos mentis, or inmates of any prison, by publish-
ing the same in a newspaper published in the county where such
real estate is situated; or if there be no newspaper published in
such county, then in some newspaper published in the nearest
county where a newspaper is published, once in each week for
four successive weeks, which notice shall be signed by the district
board or by the director or assessor of such district, and shall
describe the real estate required for such site, and state the time
when and place where such jury will assemble, and the object for
which they will assemble ; or such notice may be served on such
owner personally, or by leaving a copy thereof at his last place of
residence.
(93.) SEC. 5. It shall be the duty of such judge, commissioner,
or justice, and of the persons summoned as jurors, as hereinbe-
fore provided, and of the sheriff or constable summoning them to
attend at the time and place specified in such summons or venire ;
and the officer who summoned the jury shall return such sum-
mons or venire to the officer who issued the same, with the names
of the persons summoned by him as jurors, and shall certifiy the
manner of notifying the owner or owners of such real estate, if
he was found ; and if he could not be found in said county, he
shall certify that fact. Either party may challenge any of the
said jurors for the same causes as in civil actions. If more than
twelve of said jurors in attendance shall be found qualified to
serve as jurors, the officer in attendance, and who issued the sum-
mons or venire for such jury, shall strike from the list of jurors
a number sufficient to reduce the number of jurors in attendance
to twelve ; and in case less than twelve of the number so sum-
moned as jurors shall attend, the sheriff or constable shall sum-
GENERAL SCHOOL LAWS. 35
mon a sufficient number of freeholders to make up the number of
twelve ; and the officer issuing the summons or venire for such
jury, may issue an attachment for any person summoned as a Attachment
juror who shall fail to attend, and may enforce obedience to such S5oree1SJdi.
summons, venire, or attachment, as courts of record, or justices' enceto process.
courts are authorized to do in civil cases.
(94.) SEC. 6. The twelve persons selected as the jury shall be
duly sworn by the judge, commissioner, or justice in atten-
dance, faithfully and impartially to inquire, ascertain and
determine the just compensation to be made for the real estate
required by such school district for suca site, and the necessity
for using the same in the manner proposed by such school
district; and the persons thus sworn shall constitute the jury
in such case. Subpoenas for witnesses may be issued, and their subpoenas for
attendance compelled by such circuit judge, commissioner, w
or justice in the same manner as may be done by the circuit
court or by a -justice's court in civil cases. The jury mav visit Jury to ascer-
, . . j ,. i A i tain necessity
and examine the premises, and, from such examination and for taking land.
such other evidences as may be presented before them, shall
ascertain and determine the necessity for using such real
estate in the manner and for the purpose proposed by such school
district, and the just compensation to be made therefor; and
if such jury shall find that it is necessary that such real estate
shall be used in the manner or for the purpose proposed by such
school district, they shall sign a certificate in writing, stating
that it is necessary that said real estate, describing it, should be
used as a site for a school-house for such district : also stating the To determine
. n IT,.. J.T ' j. compensation
sum to be paid by such school district as the just compensation therefor,
for the same. The said circuit judge, circuit court commissioner oourt^o make
or justice of the peace, shall sign and attach to, and indorse upon ce
the certificate thus subscribed by the said jurors, a certificate
stating the time when and the place where the said jury assem-
bled, that they were by him duly sworn as herein required, and
that they subscribed the said certificate. He shall also state in
such certificate who appeared for the respective parties on such
hearing and inquiry, and shall deliver such certificates to the
director, or to any member of the district board of such school .
district.
(95.) SEC. 7. Upon filing such certificates in the circuit court
of the county where such real estate is situated, such court shall,
if it finds all the proceedings regular, render judgment for the
sum specified in the certificate signed by such jury, against such
school district, which judgment shall be collected and paid in the
manner as other judgments against school districts are collected
and paid.
(96.) SEC. 8. In case the owner of such real estate shall be
unknown, insane, non compos mentis, or an infant, or cannot be money to'iw
found within such county, it shall be lawful for the said school
district to deposit the amount of such judgment with the county
treasurer of such county, for the use of the person or persons
entitled thereto ; and it shall be the duty of such county treasurer
36
GENERAL SCHOOL LAWS.
Proviso how
money to be
drawn from
county treas-
urer.
On payment
court to decree
title vested In
district.
Copy of decree
to be recorded.
to receive such money, and at the time of receiving it, to give a
receipt or certificate to the person depositing the same with him,,
stating the time when such deposit was made, and for what pur-
pose; and such county treasurer and his sureties shall be liable on
his bond for any money which shall come into his hands under
the provisions of this act, in case he shall refuse to pay or account
for the same, as herein required : Provided, That no such money
shall be drawn from such county treasurer, except upon an order
of the circuit court, circuit court commissioner or judge of pro-
bate, as hereinafter provided.
(97.) SEC. 9. Upon satisfactory evidence being presented to
the circuit court of the county where such real estate lies, that
such judgment, or the sum ascertained and determined by the
jury as the just compensation to be paid by such district for such
site, has been paid, or that the amount thereof has been deposited
according to the provisions of the preceding sections, such court
shall, by an order or decree, adjudge and determine that the title
in fee of such real estate shall, from the time of making such
payment or deposit, forever thereafter be vested in such school
district and its successors and assigns, and shall, in and by such
order or decree, award to such school district a writ of possession
for the recovery of the possession of such real estate ; a copy of
which order or decree, certified by the clerk of said county, shall
be recorded in the office of the register of deeds of such county,
and the title of such real estate shall thenceforth, from the time
of making such payment or deposit, be vested forever thereafter
in such school district, and its successors and assigns in fee.
(98.) SEC. 10. Sueh school district may, at any time after
making payment or deposit hereinbefore required, enter upon and
take possession of such real estate for the use of said district.
And it shall be the duty of the county clerk of said county, on
the request of said school district, to issue out of and under the
seal of the circuit court of said county a writ of possession as
awarded in such order or decree; which writ shall be directed to
the sheriff of said county, and shall be tested and made return-
able, and shall be substantially, so far as may be, in the same
form provided for writs of possession in actions of ejectment ;.
and it shall be the duty of such sheriff thereupon to remove the
respondent or respondents in such proceedings, and all persons
holding under them or either of them, from the real estate
described in such decree and in such writ, and deliver the posses-
sion thereof with the appurtenances to such school district.
(99.) SEC. 11. In case the jury hereinbefore provided for shall
not agree, another jury may be summoned in the same manner,
and the same proceedings may be had, except that no further
notice of the proceedings shall be necessary ; but instead of such
notice, the judge, commissioner or justice may adjourn the pro-
ceedings to such time as he shall think reasonable, not exceeding
thirty days, and shall make the process to summon a jury return-
able at such time and place as the said proceedings shall be
adjourned to. Such proceedings may be adjourned from time to-
When district
to take posses-
sion.
Writ of posses-
sion to be Issued
by county clerk
to sheriff.
Sheriff to
remove
respondent.
When jury disa-
grees proceed-
ings may be
adjourned and
new jury
summoned.
GENEKAL SCHOOL LAWS. 37
time by the said judge, or commissioner, or justice, on the appli-
cation of either party, and for good cause, to be shown by the Adjournments
party applying for such adjournment, unless the other party
shall consent to such adjournment ; but such adjournments shall
not in all exceed three months.
(100.) SEC. 12. Incase the said school-house site is encum- proceedings in
bered by mortgage, levy, tax sale, or otherwise, as aforesaid, the
mortgagee, or other parties claiming to be interested in said title
shall severally be made a party to the procedure as aforesaid, and
shall be authorized upon the filing of the certificate of the jury
in the circuit court of said county, to appear before the circuit
judge and make proof relative to their proportionate claims to
the said site, or the compensation to be made therefor as deter-
mined by said jury. And the said circuit judge shall, by decree, uty of circuit
settle their several claims in accordance with the rights of the JU
parties respectively, and may divide the sum awarded by said
jury between the claimants as in his judgment will be equitable
and right, rendering against said district a separate judgment
for each of the amounts so awarded.
(101.) SEC. 13. The circuit judge, judge of probate, or circuit Jow^money^
court commissioner of any county where any money has been countytrels-
deposited with the county treasurer of such county, as hereinbe- ;^ aybe
fore provided, shall, upon the written application of any person
or persons entitled to such money, and upon receiving satisfac-
tory evidence of the right of such applicant to the money thus
deposited, make an order, directing the county treasurer to pay
the money thus deposited with him to said applicant ; and it shall
be the duty of such county treasurer, on the presentation of such
order, with the receipt of the person named therein indorsed on
said order and duly acknowledged, in the same manner as con-
veyances of real estate are required to be acknowledged, to pay
the same; and such order, with the receipt of the applicant or
person in whose favor the same shall be drawn, shall, in all courts
and places, be presumptive evidence in favor of such county trea-
surer, to exonerate him from all liability to any person or persons
for said money thus paid by him.
(102.) SEC. 14. Circuit judges, circuit court commissioners, compensation
\ ... i i j .LI. of officers, etc.,
and justices of the peace, for any services rendered under the O n proceedings.
provisions of this act, shall be entitled to the same fees and com-
pensation as for similar services in other special proceedings.
Jurors, constables, and sheriffs shall be entitled to the same fees
as for like services in civil cases in the circuit court.
(103.) SEC. 15. In case any circuit judge, circuit court com- ^ n un ^f e e ' to
missioner, or justice of the peace, who shall issue a summons or attend, another
venire for a jury, shall be unable to attend to any of the subse-
quent proceedings in such case, any other circuit court com-
missioner or justice of the peace may attend and finish said
proceedings.
38
GENEKAL SCHOOL LAWS.
CHAPTER IX.
See App. A.,
115,10.
When electors
may appeal.
How made in
fractional
districts.
Powers and
duties of town-
ship board.
Appellants to
file statement
of cause.
Appellants to
execute bond.
Where filed.
Duty of Inspect-
ors when appeal
Is filed.
APPEALS FROM ACTION OF INSPECTORS.
(104.) SECTION 1. Whenever any five or more tax-paying
electors, having taxable property within any school district, shall
feel themselves aggrieved by any action, order, or decision of the
board of school inspectors, with reference to the formation, or
any division, or consolidation of said school district, they may,
at any time within sixty days from the time of such action on
the part of said school inspectors, appeal from such action, order,
or decision of said board of school inspectors to the township
board of the township in which such school district is situated,
and in case of fractional school districts notice of such appeal
shall be served on the clerk of the joint boards of school inspect-
ors who have made the decision appealed from, who shall, within
five days, give notice thereof to the township boards of the sev-
eral townships in which the different parts of said fractional
school district are situated, who shall have power, and whose
duty it shall be, acting jointly, to entertain such appeal, and
review, confirm, set aside, or amend the action, order, or decis-
ion of the board of school inspectors thus appealed from ; or if
in their opinion the appeal is frivolous or without sufficient
cause, they may summarily dismiss the same. f
(105.) SEC. 2. Said appellants shall, before taking such appeal,
make out and file with the board of school inspectors, or in case of
fractional school districts to the clerk of the joint boards of school
inspectors, a written statement, to be signed by said appellants,
setting forth in general terms the action, order, or decision of
the board or boards of school inspectors with respect to which the
appellants feel themselves aggrieved, and their demand for an
appeal therefrom to the township board or boards of said town-
ship or townships, and shall also cause to be executed and signed
by one of their number, and by two good and sufficient sureties
to be approved by the clerk of said board or joint boards of school
inspectors or by any justice of the peace of the township, and
filed with the clerk of said board or joint boards of school inspect-
ors, a bond to the people of the State of Michigan in the penal
sum of two hundred dollars, conditioned for the due prosecution
of said appeal before said township board or boards acting jointly,
and also, in case of the dismissal of said appeal as frivolous by
said township board or joint boards, for the payment by said
appellants of all costs occasioned to the township or townships
by reason of said appeal. 8
(106.) SEC. 3. Upon the filing of such appeal papers and bond
with the said board or joint boards of school inspectors, the said
board or joint boards of school inspectors shall, within ten days
thereafter, make out and file with the clerk of said township in
1 As amended by Act No. 82, Session Laws 1883.
As amended by Act No. 82, Session Laws of 1883.
GENERAL SCHOOL LAWS. 39
which the said school-house is located, a full and complete tran-
script of all their proceedings, actions, orders, or decisions with
reference to which the appeal is taken, and of their records of the
same ; also said bond and appeal papers, and all petitions and
remonstrances, if any, with reference to the matters appealed
from; and upon the filing of the same with the said township
clerk, the said township board or boards shall be deemed to be
in possession of the case, and if the return be deemed by them of case '
insufficient, may order a further and more complete return by said
board or boards of school inspectors; and when such return shall Proceedings in
by them be deemed sufficient, they shall proceed with the con- th
sideration of the appeal, at such time or times, within ten days
after such return, and in such manner and under such affirmation,
amendment or reversal of the action, order, or decision of the
board or boards of school inspectors appealed from, as in their
judgment shall seem to be just and right; or, they deem the
appeal to be frivolous, they may summarily dismiss the same ; but wnen memben
the decision of said board or boards of school inspectors shall boa^icannot
not be altered or reversed, unless a majority of such township J^ ca 8 d e etermln '
board or boards, not members of said board or boards of school see A. PP . A.,
inspectors, shall so determine. 1ir u> 15>
CHAPTER X.
GBADED SCHOOL DISTRICTS.
(107.) SECTION 1. Any school district containing more than see App. A.,
one hundred children between the ages of five and twenty years ^^isiScti
may, by a two-thirds vote of the qualified electors present at any may organize
annual or special meeting, organize as a graded school district : as
Provided, That the intention to take such vote shall be expressed Proviso- notice
in the notice of such annual or special meeting. When such of
change in the organization of the district shall have been voted, Election of
the voters at such annual or special meeting shall proceed
immediately to elect by ballot from the qualified voters of the
district one trustee for the term of one year, two for the term of Term of offlce -
two years, and two for a term of three years, and annually
thereafter a successor or successors to the trustee or trustees
(107.) Elections held in graded school districts wherein two trustees were balloted *
for at the same time, on joint ballot, are void, and no person has been legally elected,
it has frequently been held that, if a ballot contains the names of two persons
for the same offlce, when but one is to be chosen, it is bad as to both. The election of
two trustees on two separate ballots, would be good as to the first one chosen, and
void as to the second. As it is the policy of the law to uphold elections where the
choice of the people can be ascertained, the one first elected having received the
necessary vote is the choice of the electors, and such action of the district is valid as
to him. As the amendment of 1883 does not repeal section 1, act X, only so far as it is
in conflict therewith, and as both statutea provide that trustees shall hold over until
their successors shall be elected and qualified, the old board remain in office until a
valid election is had. The law makes no provision for a special election for trustees
of graded schools, hence where the regular election was void there can be no special
election to fill the office. No election can be held without a law providing therefor,
hence the law that both trustees hold over is in full force wherever there was a failure
to elect, as provided by statute. Section 2, chapter 3, of the school law applies only to
officers of district schools, and not to trustees of graded schools, and only permits a
special election where two vacancies exist. The trustees have no power under section
2, chapter X, to appoint a trustee where there has been a failure to elect, but can only
11 vacancies, as in case of death, resignation or removal. Van Riper, Atty. Gen.,
July 26, 1883.
40
GENERAL SCHOOL LAWS.
Proviso.
Majority vote
necessary to
elect.
Acceptance of
office to be
filed.
See App. B.,
form 5.
Officers to be
elected by
trustees.
Vacancy in
board, how
filled.
When inspect-
ors shall appoint
officers.
See App. B.,
form 15.
Duty of
trustees.
To classify
pupils.
To establish
high schools,
etc.
See App. A.,
H 142, 143.
To audit and
pay director's
accounts.
To employ
teachers.
See 40.
See App. B.,
form 26.
whose term of office shall expire : Provided also, In all districts
organized prior to the year eighteen hundred and eighty-three
there shall be one trustee elected at the annual meeting for the
year eighteen hundred and eighty-three, and thereafter there
shall be elected a trustee or trustees in the manner aforesaid,
whose term of office shall be three years, and until his or their
successor or successors shall have been elected and filed his or their
acceptance : Provided also, That in the election of trustees, and
all other school officers, the person receiving a majority of all the
votes shall be declared elected. 11
(108.) SEC. 2. Within ten days after their election such
trustees shall file with the director acceptances of the offices to
which they have been elected, and shall annually elect from their
own number a moderator, a director, and assessor, and for cause
may remove the same, and may appoint others of their own num-
ber in their places, who shall perform the duties prescribed by
law for such officers in other school districts in this State, except
as herinafter provided. The trustees shall have power to fill any
vacancy that may occur in their number till the next annual
meeting. Whenever, in any case, the trustees shall fail, through
disagreement or neglect, to elect the officers named in this section,
within twenty days next after the annual meeting, the school
inspectors of the township or city to which such district makes
its annual report snail appoint the said officers from the number
of said trustees.
(109.) SEC. 3. It shall be the duty of the board of trustees of
any graded school district:
First, To classify and grade the pupils attending school in such
district, and cause them to be taught in such schools or depart-
ments as they may deem expedient ;
Second, To establish in such district a high school when ordered
by a vote of the district at an annual meeting, and to determine
the qualifications for admission to such school, and the fees to
be paid for tuition in any branches taught therein;
Third, To audit and order the payment of all accounts of the
director for incidental or other expenses incurred by him in the
discharge of his duties ; but no more than fifty dollars shall be
expended by the director in any one year for repairs of the build-
ings or appurtenances of the district property without the author-
ity of the board of trustees ;
Fourth, To employ all qualified teachers necessary for the sev-
eral schools, and to determine the amount of their compensation,
and to require the director and moderator to make contracts with
>A8 amended by Act No. 28, Session Laws 1883, and Act No. 18, Session Laws 1885,
(109, paragraph four.) The question is as to whether the board of trustees of a
graded school can employ a music teacher who has not passed the regular examina-
tion required of other teachers and received a certificate required by section 5153 of
Howeirs Statutes (Sec. 4, Chap. 11, School Laws) ? It would be most difficult to
imagine that an examination in the several branches and studies specified in the
statutes would show sufficiently the qualifications of the applicants to teach either
music or drawing. I do not think the statute applicable to such teachers nor does
there appear to be any which is. The board probably has and will be held by the
courts to possess such authority, still it is not a question free from doubt and addi-
tional legislation may be desirable.-Tacrgart, Attorney General, July 26, 1886.
GENERAL SCHOOL LAWS. 41
the same on behalf of the district, in accordance with the pro- seeA PP . A.,
visions of law concerning contracts with teachers;
Fifth, To employ such officers and servants as may be neces- TO employ
sary for the management of the schools and school-property, and of er8 ' etc '
prescribe their duties and fix their compensation ;
Sixth, To perform such other duties as are required of district other duties.
boards in other school districts. See Chft p- nl -
(110.) SEC. 4. No alteration shall be made in the boundaries consent of trus-
of any graded school district, without the consent of a majority ^hange 8 ^ 7
of the trustees of said district, which consent shall be spread upon SSSJJJjJ 1 * 8 of
the records of the district, and placed on file in the office of the
clerk of the board of school inspectors of the township or city to
which the reports of said district are made; aad graded school c dtrtcts
t
districts shall not be restricted to nine sections of land. ? 8ize. trlt
(Sill.) SEC. 5. Whenever two or more contiguous districts hav- TWO or more
. vs . , , , .,, , , districts can
ing together more than one hundred children betwen the ages of unite and form
five and twenty years, after having published in the notices of the
annual meetings of each district the intention to take such action,
shall severally, by a vote of two-thirds of the qualified voters
attending the annual meeetings in said districts, determine to
unite for the purpose of establishing a graded school district
under the provisions of this chapter, the school inspectors of the
township or townships in which such districts may be situated
shall, on being properly notified of such vote, proceed to unite
such districts, and shall appoint, as soon as practicable, a time
and place for a meeting of the new district, and shall require Notice of
three notices of the same to be posted in each of the districts so m
united at least five days before the time of such meeting, and at
such meeting the district shall elect a board of trustees, as pro-
vided in section one of this chapter, and may do whatever busi-
ness may be done at any annual meeting. 1
CHAPTER XL
LIBRAKIES.
(112.) SECTION!. A township library shall be maintained in Township
each organized township, which shall be the property of the m^/ained^
township, and shall not be subject to sale or alienation from any
cause whatever. All actions relating to such library, or for the
recovery of any penalties lawfully established in relation thereto,
shall be brought in the name of the township.
(113.) SEC. 2. All persons who are residents of the township who are entitled
shall be entitled to the privileges of the township library, subject SwSj?* 8 **
to such rules and regulations as may be lawfully established in
relation thereto : Provided, That persons residing within the Proviso.
boundaries of any school district in which a district library has
been established shall be entitled to the privileges of such dis-
trict library only.
'New section added by Act No. 53, Session Laws of .1883.
GENEEAL SCHOOL LAWS.
Inspectors to
have charge.
See App B.,
form 18.
See App. A.,
IT 144, 146.
Inspectors
accountable for
care, etc., of
library.
Powers of
Inspectors.
See App. C.
Where library
te be kept.
Librarian.
What districts
may establish
libraries.
District board
to have charge
of district
library.
Inspectors to
report library
statistics to
State superin-
tendent.
(114.) SEC. 3. The township board of school inspectors shall
have charge of the township library, and shall apply for and
receive from the township treasurer all moneys appropriated for
the township library of their township, and shall purchase the
books and procure the necessary appendages for such library.
(115.) SEC. 4. Said board shall be held accountable for the
proper care and preservation of the township library, and shall
have power to provide for .the safe keeping of the same, to prescribe
the time for taking and returning books, to assess and collect
fines and penalties for the loss or injury of said books, and to
establish all other needful rules and regulations for the manage-
ment of the library, as said board shall deem proper, or the super-
intendent of public instruction may advise.
(116.) SEC. 5. The board of school inspectors shall cause the
township library to be kept at some central or eligible place in
the township, which it shall determine ; such board shall also,
within ten days after the annual township meeting, appoint a
librarian for the term of one year, to have the care and superin-
tendence of said library, who shall be responsible to the board of
school inspectors for the impartial enforcement of all rules and
regulations lawfully established in relation to said library^
(117.) SEC. 6. Any school district having a school census of
not less than one hundred children, by a two-thirds vote at any
annual meeting, may establish a district library, and such, dis-
trict shall be entitled to its just proportion of books from the
library of any township in which it is wholly or partly situated,
to be added to the district library, and also to its equitable share of
any library moneys remaining unexpended in any such township
or townships at the time of the establishment of such district
library, or that shall thereafter be raised by tax in such township
or townships, or that shall thereafter be apportioned to the town-
ship to the inspectors of which the annual report of its director
is made.
(118.) SEC. 7. The district board of any school district in which
a district library may be established in accordance with the pro-
visions of this act shall have charge of such library; and the
duties and responsibilities of said district board in relation to
the district library, and all moneys raised or apportioned for its
support, shall be the same as those of the board of school inspect-
ors are to the township library.
(119.) SEC. 8. The school inspectors shall give in their annual
report to the superintendent of public instruction, such facts
and statistics relative to the management of the township library
and the library moneys, as the superintendent of public instruc-
tion shall direct ; and the district board of any school district
having a library, shall cause to be given in the annual report of
the director to the board of school inspectors, like facts and
statistics relative to the district library, which items shall also
be included by the said inspectors in their annual report.
As amended by Act No. 114, Session Laws of 1883.
GENERAL SCHOOL LAWS. 43
(120.) SEC. 9. In case the board of school inspectors of any Failure to.
township, or the district board of any school district, shall fail 5T<rf money? 1
to make the report required by the preceding section, or in case Sg o? moneys""
it shall appear from the reports so made that any township or thereafter.
school district has failed to use the library money in strict
accordance with the provisions of law, such township or district
shall forfeit its share of the library moneys that are apportioned,
and the same shall be apportioned to the several other townships
and districts in the county as hereinafter provided : Provided, Proviso,
that in townships where the boards thereof shall determine and
report to the superintendent that the public will be better served
by using the said money for general school purposes, no such
forfeiture shall occur.
(121.) SEC. 10. The superintendent of public instruction shall ^dtmuJpro.
annually and previous to the tenth day of May, transmit to the vide county
clerk of each county a statement of the townships in his county statement,
that are entitled to receive library moneys, giving the number of
children in each of such townships between the ages of five and
twenty years, as shall appear from the reports of the boards of
school inspectors for the school year last ending ; said clerk shall statement to be
iii i - i /v t i Tt m 'it* i filed and copy
file such statement in his office, and shall forthwith furnish a given to county
copy thereof to the county treasurer. treasurer.
(8122.) SEC. 11. The clear proceeds of all fines for any breach Apportionment
* 11 on j * TJ.- of proceeds of
of the penal laws of this State and for penalties, or upon any penai fines,
recognizances in criminal proceedings, and all equivalents for
exemptions [exemption] from military duty when collected in ^ e f 4 ^ pp ' A "
any county and paid into the county treasury, together with all
moneys heretofore collected and paid into said treasury on
account of such fines or equivalents, and not already appropri-
ated [apportioned], shall be apportioned by the county treasurer HOW applied,
before the first day of June in each year, among the several
townships in the county, according to the number of children
therein, between the ages of five and twenty years, as shown by
the statement of the superintendent of public instruction pro-
vided for in the preceding section, which money shall be exclu-
sively applied to the support of the township and district
libraries, and to no other purpose : Provided, That from and Pr <>viso.
after January first, one thousand eight hundred and eighty-two,
such money may be used for general school purposes in any
township wherein the township board thereof shall so determine.
(123.) SEC. 12. The qualified voters of each township shall v a x t ^ 8 r m t ay ^
have power, at any annual township meeting, to vote a tax for oMibaries POr
the support of libraries established in accordance with the pro-
visions of this act, and the qualified voters of any school district,
in which a district library shall be established, shall have power,
at any annual meeting of such district, to vote a district tax for
(121.) I am clearly of the opinion that the superintendent could make his report at
any time before the first day of June, and that it would be the duty of the clerk to
forward the same to the county treasurer, and that it would be his duty to make the
apportionment, even if delayed beyond the time fixed by law. This, however, is with
the superintendent, and it must be a very exceptional case that would justify him in
a failure to comply with the clearly expressed provisions of law.
44 GENERAL SCHOOL LAWS.
HOW tax to be the support of said district library. When any tax authorized
aSe^'and by this section shall have been voted, it shall be reported to the
supervisor, levied, and collected in the same manner as other
township and school district taxes.
District board (124.) SEC. 13. The district board of any school district may
bookfto^own^ 1 donate or sell any library book or books belonging to such dis-
ship library. trict to the board of school inspectors of the township or town-
ships in which said district is wholly or partly situated, which
book or books shall thereafter form a part of the township
library.
CHAPTER XII.
EXAMINATION OF TEACHEKS AND SUPERVISION OF SCHOOLS.
Election of (125.) SECTION. 1. The chairmen of the boards of school
school examin- j ns p ec t rs of the several townships in each county shall meet at
the office of the county clerk of their county on the first Tuesday
Term of office, in August, in each year, and elect by ballot one scliool examiner,
who shall hold his office for two years, or until his successor shall
proviso. have been duly elected and qualified : Provided, That in the year
eighteen hundred and eighty-seven there shall be no election of
* examiner, but the two examiners previously elected whose terms
of office shall not have expired shall hold for the unexpired por-
Duties of county tions of the terms for which they were elected. The county clerk
to e efeaion, a etc n shall be the clerk of such elections in all cases, and in case of a
tie shall give the casting vote, and he shall preserve a record of
such election in a book to be kept for that purpose, and shall
immediately after such election notify the person so elected of
his election. The school examiners shall, within ten days after
receiving notice of their election, take and subscribe the consti-
oath of examin- tutional oath of office, the same to be filed with the county clerk,
led> and shall enter upon the duties of their offices on the fourth
Tuesday of August following their election. 1 "
section of ( 126.) SEC. 2. The two school examiners elected by the town-
board!*^ ship chairmen shall meet at the office of the judge of probate of
the county on the fourth Tuesday of August of each year, and
with the judge of probate, who shall act as a member and clerk
<125.) The county examiner will not lose his residence or forfeit his office, by reason
of the temporary removal of his family into another city or village, provided such
absence is merely temporary, and the intent is to return as soon as the education of
his children in the university or college is accomplished. It is the intent of the
party that governs, and a man's temporary absence in another State or foreign coun-
try even tor a period of years, does not change his legal domicile, provided, as before
stated, that he does not relinquish his home in the one place and take it up in the
other place with intent to remain in such new home. VanRiper, Attorney General,
June 23, 1882.
( 125.) I am of the opinion that an election of school examiner by less than a major-
ity is not a valid election and a person elected by less than a majority is not legally
elected and cannot claim to hold such office. VanRiper, Attorney General, Aug.
28, 1882.
( 126.) It is made the duty of the two school examiners with the judge of probate
acting as a member and clerk of the board, to employ a secretary. I do not think it
was the intention of the Legislature that they should employ one of their own mem-
bers as secretary ; if such were the intent it would have been so expressed, as in the
old law. Independent of statute the rule is pretty well settled by the courts that an
official cannot, by his own vote, elect himself to any position. Taggart, Attorney
General, Sept. 2, 1887.
GENERAL SCHOOL LAWS. 45
of the board for the purpose herein named, shall elect, appoint
and employ a secretary of said board of examiners. The judge
of probate shall, immediately after the board has appointed a
secretary, file a certified statement of such fact with the county
clerk, and said county clerk shall immediately notify the person Duty of comity
appointed as secretary of his appointment, and said secretary cl
shall, within ten days after receiving notice of his appointment,
take and subscribe the constitutional oath of office, the same to be
filed with the county clerk. He shall also execute a bond with secretary to
two sufficient sureties, to be approved by and filed with the county e3
clerk, in the penal sum of five hundred dollars, conditioned that
he will faithfully discharge his duties according to law, and
faithfully account for and pay over to the proper persons all
moneys which may come into his hands by reason of his holding
such office ; and thereupon the county clerk shall report the name
and postoffice address of such secretary to the superintendent of
public instruction, and said secretary shall immediately there-
after enter upon the duties of his office. The secretary of the
board shall be ex officio a member and the executive officer of the
board of examiners in the transaction of all business of said board,
except in the appointing or removing from office of the secre-
tary of said board. The school examiner elected by the township chairman of
chairman, whose term of office shall soonest expire, shall be the bc
chairman of the board of examiners. k
(127.) SEC. 3. The secretary of the board of school examiners, Public examma-
for the purpose of examining all persons who may offer them- ti(
selves as teachers for the public schools, shall hold two regular
public examinations in each year at the county seat, which
examinations shall be on the first Thursday of March and August ;
for a like purpose, said secretary shall hold not to exceed six special exami-
special public examinations at such times and places as in the ns
judgment of said board of examiners, the interest of the schools
and teachers of the county shall require : Provided, That first
and second grade certificates shall be granted only at the regular
public examinations provided for in this section: Provided,
further, That it shall be the duty of the secretary of the board schedule to be
of school examiners to make out a schedule of the times and
places of holding special examinations, and to cause it to be
published in one or more newspapers of the county at least ten
days before each special examination, and he shall send a copy
thereof to the chairman of each township board of school
inspectors of the county, at least ten days previous to the time
of holding any special examination."
(128.) SEC. 4. The board of school examiners shall meet on
the Saturday following each public examination held by the
secretary, and shall grant certificates to teachers in such form as
the superintendent of public instruction shall prescribe, licens-
ing as teachers all persons who shall have attained the age of
sixteen years, who have attended said public examination and
* As amended by Act No. 266, Public Acts of 1887.
46 GENERAL SCHOOL LAWS.
who shall be found qualified in respect to good moral character,
learning and ability to instruct and govern a school ; but no
certificate shall be granted to any person who shall not pass a
satisfactory examination in orthography, reading, writing, gram-
mar, geography, arithmetic, theory and art of teaching, United
States history, civil government, and physiology and hygiene
with particular reference to the effects of alcoholic drinks,
stimulants, and narcotics upon the human system. All certifi-
cates shall be signed by the secretary and chairman of said board.
a!uTiin b ed tlegally No person shall be considered a qualified teacher within the
teachers to be meaning of the school law, nor shall any school officer employ or
contract with any person to teach in any of the public schools
who has not a certificate in force granted by the board of school
examiners of the county or other lawful authority: Provided,
That all examination questions shall be prepared and furnished
be furnished by by the superintendent of public instruction to said secretary
S pubhc e J ent under seal, to be opened before the applicants for certificates on
the day of examination. 11
Grades of (129.) SEC. 5. There shall be three grades of certificates
certificates. granted by the board of school examiners in its discretion, and
subject to such rules and regulations as the superintendent of
public instruction may prescribe, which grades of certificates
First. shall be as follows: The certificate of the first grade shall be
granted only to those who shall have taught at least one year
with ability and success, and it shall be valid throughout the
State for three years : Provided, That no first grade certificate
shall be valid in any county other than that in which it was
issued, unless a copy of said certificate is filed with the secretary
of the county board of examiners in the county in which the
holder of said certificate desires to teach. The certificate of the
Second. second grade shall be granted only to those who shall have taught
at least six months with ability and success, and it shall be valid
throughout the county for which it shall be granted for two
Third. years. The certificate of the third grade shall license the holder
thereof to teach in the county for which it shall be granted for
proviso special one year : Provided, That the secretary of the board of school
examiners or any other member of the board authorized by said
secretary shall have power, upon personal examination satisfac-
tory to himself, and subject to such rules and regulations as the
board of school examiners may establish, to grant special certifi-
cates, which shall license the holder thereof to teach in a specified
ceniflcat 8peclal ^^ 8 ^ c * ^ or which it shall be granted ; but such certificate shall
not continue in force beyond the time of the next public exami-
nation and it shall not in any way exempt the teacher from a full
second special examination: Provided, further, That in case the holder of a
tobe^nte? special certificate does not appear for examination before the
Sthe U board Sent ^ oar( ^ a * ^ ne nex ^ public examination succeeding the date of such
special certificate, a second special certificate shall not be granted
to such person except by order of the board of examiners, nor
shall any member of the board of examiners, unless authorized
GENERAL SCHOOL LAWS. 47
by the board, grant a special certificate to any person who at a
previous examination failed to secure a certificate. 1 "
(130.) SEC. 6. The board of school examiners may suspend or suspension or
revoke any teacher's certificate for any reason which would have SrSSStea!*
justified said board in withholding the same when given for neg-
lect of duty, for incompetency to instruct or govern a school, or
for immorality; and said board may, within its jurisdiction, sus-
pend, for immorality or incompetency to instruct and govern a
school, the effect of any teacher's certificate that may have been
granted by other lawful authority : Provided, That no certificate Proviso,
shall be suspended or revoked without a personal hearing, unless
the holder thereof shall, after reasonable notice, neglect or refuse
to appear before the board of school examiners for that purpose."
(131.) SEC. 7. It shall be the duty of the board of school Examiners and
examiners and the chairman [chairmen] of the board [boards] of iSfHSSm^
school inspectors of the several townships to hold each year a in s 8 yearly,
joint meeting at the county seat at the time of and immediately
after the annual election of school examiners, for the purpose of
consulting and advising with reference to the more efficient
supervision of the schools and teachers under their charge. The
chairman of the board of school examiners shall preside at such
joint meeting, and the secretary of the board of school examiners
shall be secretary of such meeting. k
(132.) SEC. 8. Special meetings of the board of school examin- special meet.
,, , , r , -IT ings of board
ers may be called by the secretary of said board, as hereinafter of examiners.
provided, and at any meeting of the board of school examiners
any two members thereof may transact any business that may
lawfully come before such meeting. In case the secretary be not
present at any meeting of the board, the examiner, acting as
secretary, shall certify to the secretary a correct record of the
proceedings, and the result of examinations at such meeting. k
(133.) SEC. 9. It shall be the duty of the secretary of the Duties of
board of school examiners :
First, Immediately upon his qualification as secretary, to send
notice thereof to the superintendent of public instruction, and
to the chairman of each township board of school inspectors
of the county ;
Second, To be present at all meetings of the board, and to J f b k e ft e r 5 records
keep a record of all proceedings of the board ;
Third, To keep a record of all examinations held by the board,
and to sign all certificates and other papers and reports issued by
said board ;
Fourth, To act as treasurer of the board for the purpose of TO act as treas-
. . , 1 ,., i -i -i -i i T .1 urer of board.
receiving the institute fees provided by law, and paying the same
to the county treasurer once in each month ;
Fifth, To keep a record of all certificates granted, suspended
or revoked by the board, showing to whom issued, together with
the date, grade and duration of each certificate, and if suspended
or revoked, the date and reason therefor ;
* As amended by Act No, 266, Public Acts of 1887.
48 GENERAL SCHOOL LAWS.
TO furnish net sixth, To furnish, previous to the first Monday in September
teachers to in each year, to the township clerk of each township in the
township clerks. CO untv, a list of all persons legally authorized to teach in the
county at large, and in such township, with the date and term
of each certificate, and if any have been suspended or revoked,
the date of such suspension or revocation ;
TO visit each Seventh, To visit each of the schools in his county at least once
school la , T . nn.iT-Tn T
county. each year, and to examine carefully the discipline, the mode of
instruction, and the progress and proficiency of the pupils : Pro-
awistant n viBit v ided, That in case the secretary is unable to visit all the schools
ora when of the county, as herein required, he may, with the approval of
the other members of the board of examiners, appoint such
assistant visitors as may be necessary, who shall perform such
duties pertaining to the visitation and supervision of schools as
said secretary shall direct ;
?eacherB Se etc lth Eighth, To counsel with the teachers and school boards as to
the courses of study to be pursued, and as to any improvement
in discipline and instruction in the schools ;
piansfffschooi- Ninth, To note the condition of the school-houses and the
houses. appurtenances thereto, and to suggest plans for new houses to
be erected, and for warming and ventilating the same, and for
the general improvement of school-houses and grounds ;
TO advance the Tenth, To promote by such means as he may devise, subject to
schools! 8 the advice of the board of school examiners, the improvement of
the schools in his county and the elevation of the character and
qualifications of the teachers and officers thereof ;
Ins "tor? 6 Eleventh, To receive the duplicate annual reports of the sev-
reports. eral boards of school inspectors, examine into the correctness of
the same, requiring them to be amended when necessary, indorse
his approval upon them and immediately thereafter, and before
the first day of November in each year, transmit to the superin-
tendent of public instruction one copy of each of said reports
and file the other copy in the office of the county clerk ;
annual Twelfth, To be subject to such instructions and rules as the
superintendent of public instruction may prescribe; to receive
all blanks and communications that may be sent to him by the
superintendent of public instruction, and to dispose of the same
as directed by the said superintendent; and to make annual
reports at the close of the school year to the superintendent of
public instruction, of the official labor performed by the board
of school examiners, and by himself and of the general condition
and management of the schools of the county, together with such
other information as may be required of him ;
Tliirteenth, To perform such other duties as may be required
of him by law, or the board of school examiners, and at the close
of his term of office, to deliver all records, books and papers
belonging to his office to the board of examiners. k
minofboa c rd alr " ( 134 ) SEC - l ' Jt sha11 be <the duty of the chairman of the
01 school r board of school inspectors of each township:
inspectors.
* As amended by Act No. 366, Public Acts of 1887.
GENERAL SCHOOL LAWS. 49
First, To have general supervisory charge of the schools of his
township, subject to such advice and direction as the secretary
of the county board of examiners may give ;
Second, To notify the secretary of the board of school exam-
iners of any school within his township that is not being con-
ducted in a successful and profitable manner;
Third, To make such reports of his official labors, and the
condition of the schools as the superintendent of public instruc-
tion may direct, or the board of school examiners request ;
Fourth, To perform such other duties as may be required of
him by law, or that the superintendent of public instruction
may direct. k
(135.) SEC. 11. Each member of the board of school examin- compensation
ers, other than the secretary, shall receive four dollars for each of examiners -
day actually employed in the duties of his office. The compen- compensation
sation of the secretary of the board of examiners shall be deter- *
mined by the board appointing him, as provided for in section
two of this act : Provided, In counties having thirty districts or Proviso -com-
less such compensation shall not exceed three hundred dollars 5mi 8 ted n
per annum ; in counties having more than thirty districts such
compensation shall be not to exceed at the rate of ten dollars for
each district coming under the provisions of this act ; but in no
case shall the salary of the secretary of the board of examiners
be more than fifteen hundred dollars per annum. The compen-
sation of any assistant visitor, when appointed as provided in
this act, shall be determined by the board of school examiners,
but in no case shall it exceed three dollars for each day: Provided, H w paid.
That the number of days so employed shall not exceed thirty in
any one year, necessarily devoted to the duties required of him.
The compensation of each member of the board of school exam-
iners, including the secretary and any assistant visitor, shall be
paid quarterly from the county treasury, upon such member filing
with the county clerk a sworn statement of his account, signed
by the chairman and secretary of the board of school examiners,
and obtaining an order from the county clerk upon the county
treasurer for the amount of such account : Provided, That in no ^J^*** 8 "
case shall the secretary of the board of examiners receive any superintendent
order for his compensation from the county clerk -until he has instruction
filed a certified statement from the superintendent of public necessary,
instruction that all required reports have been properly made
and filed with said superintendent. The necessary contingent
expenses of the board of examiners for printing, postage, sta-
tionery, record books and rent of rooms for public examinations,
shall be audited and allowed by the board of supervisors of the
county, but shall in no county exceed the sum of two hundred
dollars per annum, but no traveling fees shall be allowed to the
secretary or any member of the board of examiners or to any
assistant visitor. The compensation of the several chairmen of compensation
the township board of school inspectors, when in attendance at the SSf en
annual meeting for the election of school examiners and the annual inspectors,
joint meeting with the board of school examiners, shall be the
50 GENERAL SCHOOL LAWS.
same as is allowed to members of the board of supervisors of the
county, and when performing other duties required of him, as
provided in this act, the same as is allowed to school inspectors
by law : Provided, Said chairman shall not receive to exceed two
dollars for each school district in the township, the same to be
audited by the township boards of their respective townships and
paid as other expenses of the township. k
Removal of (136.) SEC. 12. Any member of a board of school examiners,
office! 1161 m other than the secretary, may be removed from office by the judge
of probate of the county for immorality, incompetency, or neglect
Removal of of duty. The secretary of the board of examiners may be
removed for like causes by the members of the board of exam-
iners selected by the township chairmen, acting jointly with the
judge of probate; but no member of such board of school exam-
iners, nor the secretary, shall be removed from office without an
opportunity to answer to the charges made against him, and all
mied ncy ' how suc k cnar g es shall be made in writing. Whenever, by death,
resignation, removal, or otherwise, a vacancy shall occur in the
board of school examiners of any county, other than in the office
of secretary, the judge of probate of such county shall have
power to fill such vacancy until the first Tuesday in August after
his appointment, at which time an examiner shall be elected to
fill the unexpired term by the chairmen of the boards of school
inspectors of the several townships in the county. Whenever a
vacancy occurs in the office of secretary, it shall be filled in the
same manner as is provided for the appointment of secretary, in
section two of this chapter, and shall be for the unexpired portion
of the term for which the vacating secretary was appointed. 1 "
(137.) SEC. 13. All schools which by special enactment may
have a district board authorized to inspect and grant certificates
to the teachers employed by the same, shall be exempt from the
provisions of this chapter as to the examination and licensing of
teachers. The officers of every school district which is or shall
hereafter be organized in whole or in part in any incorporated
city in this State, where no special enactments shall exist in
regard to the licensing of teachers, shall have power to examine
and license, or cause to be examined and licensed, or may require
the county board of examiners to examine and license, teachers
for such district, and such license shall be valid not to exceed
three years. All city schools having a superintendent employed
by their respective boards of education, shall be exempt from
the provisions of this chapter, as to the examination and licens-
ing of teachers, and as to the supervision of schools. But all
such schools shall, through their proper officers, make such
reports as the superintendent of public instruction shall direct. k
k As amended by Act No. 266, Public Acts of 1887.
GENERAL SCHOOL LAWS. 51
CHAPTER XIII.
PENALTIES AND LIABILITIES.
(138.) SECTION 1. Any taxable inhabitant of a newly formed 1'enaityon
district receiving the notice of the first meeting, who shall
neglect or refuse duly to serve and return such notice, and every
chairman of the first district meeting in any district, who shall
willfully neglect or refuse to perform the duties en joined on him
in this act shall respectively forfeit the sum of five dollars.
(139.) SEC. 2. Any person duly elected to the office of mod-
erator, director, assessor, or trustee of a school district, who shall
neglect or refuse, without sufficient cause, to accept such office form Sl diftie 8. per "
and serve therein, or who, having entered upon the duties of his
office, shall neglect or refuse to perform any duty required of him
by virtue of his office, shall forfeit the sum of ten dollars.
(140.) SEC. 3. Any person duly elected or appointed a school Penalty on
r i 11 i < ',1 f rv. Inspector for
inspector, who shall neglect or refuse, without sufficient cause, neglect or
to qualify and serve as such, or who, having entered upon the refusal -
duties of his office, shall neglect or refuse to perform any duty
required of him by virtue of his office, shall forfeit the sum of
ten dollars.
(141.) SEC. 4. If any board of school inspectors shall neglect Liability of
or refuse to make and deliver to the township clerk their annual Sectin^to
report as required by this act, within the time limited therefor, re P rt -
they shall be liable to pay the full amount of money lost by their
failure, with interest thereon, to be recovered by the township
treasurer in the name of the township, in an action of debt, or
on the case ; and if any township clerk shall neglect or refuse to Liability of
transmit the report herein mentioned within the time limited townshlp clerk -
therefor, he shall be liable to pay the full amount lost by such
neglect or refusal, with interest thereon, to be recovered in an
action of debt, or on the case.
(142.) SEC. 5. Any county clerk wha shall neglect or refuse Liability of
to transmit to the superintendent of public instruction the reports
required by this act, within the time therefor limited, shall be
liable to pay to each township the full amount which such town-
ship, or any school district therein, shall lose by such neglect or
refusal, with interest thereon, to be recovered in an action of
debt, or on the case.
( 143. ) SEC. 6. All the moneys collected or received by any town-
ship treasurer under the provisions of either of the two last pre- account of neg-
ceding sections, shall be apportioned and distributed to the school le
districts entitled thereto, in the same manner and in the same
proportion that the moneys lost by any neglect or refusal therein
mentioned would, according to the provisions of this act, have been
apportioned and distributed.
(144.) SEC. 7. Any township clerk who shall neglect or refuse "{J^Jciwk
to certify to the supervisor any school district taxes that have and supervisor
been reported to him as required by this act, and any supervisor S
52
GENERAL SCHOOL LAWS.
when township
board to remove
certain officers,
torecord p order k
for removal. er
orSer V of town-
shipboard.
willfully neglecting to assess any such tax shall be liable to any
district for any damage occasioned thereby, to be recovered by
the assessor in the name of the district, in an action of debt, or
on the case.
(8145.) SEC. 8. The township board of each township, and in
. , v , i i i . j i j i -i i t i
the case of fractional school districts, the township board of the
township in which the district school-house thereof is situated,
sna ll have power and is hereby required to remove from office,
upon satisfactory proof, after at least five days' notice to the party
implicated, any district officer or school inspector who shall have
illegally used or disposed of any of the public moneys entrusted
to his charge, or who shall persistently and without sufficient
cause refuse or neglect to discharge any of the duties of his office.
^ n ^ * IL ca8e ^ SUG ^ remova l ^ shall be the duty of the township
clerk of such towship to enter in the records of such township
the resolution or order of such board, for such removal; and such
record of such resolution or order so entered, or a certified copy
thereof, shall br prima facie evidence in all courts and places of
the jurisdiction of such board and of the regularity of the proceed-
Party removed ings for such removal, and (unless the party so removed shall,
within thirty days after such removal, institute proceedings before
a cour t f competent jurisdiction for the removal of such order
f or removal, or if after such thirty days such proceedings to
obtain such removal shall be discontinued or dismissed) shall be
conclusive evidence of jurisdiction and regularity, if it shall
appear that the party so removed had five days' notice of the time
and place fixed by said board for the hearing of the case as
aforesaid.
(146.) SEC. 9. No school officer, superintendent, or teacher of
, va , ', ,, i T i
to act as school schools, shall act as agent for any author, publisher, or seller of
book agents, QQ^QQ} books, or shall directly or indirectly receive any gift or
reward for his influence in recommending the purchase or use of
any library or school book or school apparatus, or furniture what-
J i 11 i i an -L -M i L J
ever, nor shall any school officer be personally interested in any
Wa 7 whatever in any contract with the district in which he may
hold office. Any act or neglect herein prohibited, performed by
anv suc h officer, superintendent, or teacher, shall be deemed a
misdemeanor.
(147.) SEC. 10. All provisions of this act shall apply and be in
force in every school district, township, city and village in this
State, except such as may be inconsistent with the direct pro-
visions of some special enactment of the Legislature.
(148.) SEC. 11. Chapters numbered one hundred and thirty-one,
Qne h un( j re( j an( j thirty-six, one hundred and thirty-seven, and
one hundred and thirty-eight of the compiled laws of eighteen
hundred and seventy-one, and act numbered forty-two of the
session laws of eighteen hundred and seventy-five, and all acts
and parts of acts amendatory of said chapters and said act, being
acts numbered forty-one, forty-two, fifty-six, and sixty-three, of
the session laws of eighteen hundred and seventy-two, acts num-
bered forty-four, sixty-nine, seventy-one, seventy-six, ninety-
school officers
and teachers not
school officers
not to be inter-
ested in con-
faTn clsesl"*
such acts
demeanor 18
where this act
11 apply.
chapters and
acts repealed.
GENERAL SCHOOL LAWS. 53
eight, one hundred and nineteen, one hundred and thirty-two,
one hundred and sixty-four, and one hundred and ninety-three
of the session laws of eighteen hundred and seventy-three, acts
numbered thirty-six, fifty-one, eighty-four, ninety-four, one
hundred and six, one hundred and thirty-seven, one hundred
and eighty-three, and two hundred and thirty of the session laws
of eighteen hundred and seventy-five, acts numbered seventy-
seven and one hundred and seventy-three of the session laws of
eighteen hundred and seventy-seven, acts numbered forty-four,
forty-six, one hundred and fifty-nine, one hundred and sixty-
four, two hundred and fifty-four, two hundred and fifty-five and
two hundred and sixty-four of the session laws of eighteen hun-
dred and seventy-nine, and all other acts and parts of acts
contravening the provisions of this act are hereby fully repealed.
CHAPTER XIV.
Act No. 158, Laws of 1881.
ELECTION OF SCHOOL INSPECTORS.
(149.) SECTION 1. The People of the State of Michigan enact, sections
That sections eight and fourteen of chapter twelve, of the com- 8
piled laws of eighteen hundred and seventy-one, as amended by
act number forty-two of the session laws of eighteen hundred
and seventy-five, are hereby amended, and section thirteen of the
same chapter, repealed by said act, is hereby restored and
amended, and section one hundred and three of the same chap-
ter, as amended by act number one hundred and ninety-nine of
the session laws of eighteen hundred and seventy-nine, is hereby
amended, all of said sections to read as follows:
(150.) SEC. 2. The annual meeting of each township shall be Annual meet-
held on the first Monday in April, in each year, and at such
meeting there shall be an election for the following officers: one officers to be
supervisor, one township clerk, one treasurer, one school el
inspector, one commissioner of highways, so many justices of the
peace as there are by law to be elected in the township, and so
many constables as shall be ordered by the meeting, not exceed-
ing four in number.
(151.) SEC. 3. Each school inspector elected as aforesaid shall Term of office
hold his office for two years from that time and until his successor inspectors.
shall be elected and duly qualified, except when elected or
appointed to fill a vacancy, in which case he shall hold the office vacancy,
during the unexpired portion of the regular term : Provided, That Proviso.
in the year eighteen hundred and eighty-two one additional school
inspector in each township shall be elected for the term of one
year : Provided, further, That the township superintendent of
schools and school inspectors now in office shall continue to act
as school inspectors, and said superintendent of schools shall con-
tinue to act as chairman of the board of school inspectors until
GENERAL SCHOOL LAWS.
Term of office.
Who eligible to
office.
Proviso.
the school inspectors provided for by this act shall have been
elected and duly qualified and shall enter upon the duties of
their respective offices.
(152.) SEC. 4. Each of the officers elected at such meetings,
except justices of the peace and school inspectors, shall hold his
office for the term of one year, and until his successor shall be
elected and duly qualified.
(153.) SEC. 5. No person, except an elector, as aforesaid, shall
be eligible to any elective office contemplated in this chapter:
Provided, however, That any female person of or above the age
of twenty-one years, who has resided in this State three months
and in the township ten days next preceding any election, shall
be eligible to the office of school inspector.
CHAPTER XV.
Act No. 53, Laws of 1877.
TEACHERS' INSTITUTES.
Examining (154.) SECTION 1. The People of the State of Michigan enact,
?eJt feU from That all boards or officers authorized by law to examine applicants
teachers. f or certificates of qualification as teachers shall collect, at the
time of examination, from each male applicant for a certificate,
an annual fee of one dollar, and from each female applicant for
a certificate, an annual fee of fifty cents, and the director or
secretary of any school board that shall employ any teacher who
has not paid the fee hereinbefore provided, shall collect, at the
time of making contract, from each male teacher so employed,
an annual fee of one dollar, and from each female teacher so
employed, an annual fee of fifty cents. All persons paying a fee,
as required by this section, shall be given a receipt for the same,
and no person shall be required to pay said fee more than once
in any school year. 1
Fees to be paid (8155.) SEC. 2. All such fees collected by the director or secre-
to county treas- , vo , ' . , , , , ., . . , J .
urer qnarteriy. tary of any school board shall be paid over to the secretary of the
county board of school examiners of the county in which they
were collected, on or before the fifteenth day of March, June,
September and December, accompanied by a list of those persons
from whom they were collected, and all of such fees, together
with all those that shall be collected by the county board of
school examiners, shall be paid over by the secretary of said
board of school examiners to the treasurer of the county in which
they were collected, on or before the last day of March, June,
September and December, in each year, accompanied by a com-
plete list of all persons from whom said fees were collected ; and
a like list, accompanied by a statement from the county treasurer
<154.) The requirement of the statute applies to all teachers,, whether applicants
for certificates, or employed by school hoards, save that but one fee can be required
for any one year. VanRiper, Attorney General, March 21, 1884.
1 As amended by Act No. 112, Session Laws 1883.
GENERAL SCHOOL LAWS. 55
that said fees have been paid to him, shall be sent by said secre-
tary to the superintendent of public instruction. All moneys Fees so paid to
paid over to the county treasurer as provided by this act shall be tSSSSlPtoM.
set apart as a teachers' institute fund, to be used as hereinafter tutefund -
provided.
(156.) SEC. 3. The superintendent of public instruction shall Annual county
annually appoint a time and place in each organized county for ln
holding a teachers' institute, make suitable arrangements there-
for, and give due notice thereof: Provided, That in organized Provl8 -
counties having less than one thousand children between the
ages of five and twenty years, the holding of said institute shall
be optional with the said superintendent, unless requested to
hold such institute by fifteen teachers of the county in which
such institute is to be held: Provided, however, That if there Proviso,
shall not be a sufficient number of teachers in any county to
make such request, then teachers of adjoining counties who
desire to attend such institute may unite in the required applica-
tion to said superintendent: Provided, also, That the said super- Proviso,
intendent may, in his discretion, hold an institute for the benefit
of two or more adjoining counties, and draw the institute fund
from each of the counties thus benefited, as hereinafter pro-
vided. 1
(157.) SEC. 4. The superintendent of uublic instruction, in conductor of
..,.,.. , ... , Institute may
case of inability personally to conduct any institute or to make be appointed,
the necessary arrangements for holding the same, is hereby
authorized to appoint some suitable person for that purpose, who
shall be subject to the direction of said superintendent. Every
teacher attending any institute held in accordance with the pro-
visions of this act, shall be given by the superintendent of public
instruction, or by the duly appointed conductor, a certificate
setting forth at what sessions of said institute such teacher shall
have been in attendance, and any teacher who shall have closed cioseSoouo
his or her school in order to attend said institute shall not forfeit attend institute,
his or her wages as teacher during such time as he or she shall
have been in attendance at said institute, and the certificate
hereinbefore provided shall be evidence of such attendance."
(158.) SEC. 5. For the purpose of defraying the expenses of f n x jjf t ^ e e 8 ow
rooms, fires, lights or other necessary charges, and for procuring pa 8 td. tut
teachers and lecturers, the said superintendent", or the person
duly authorized by him to conduct said institute, may demand
of the county clerk of each county for the benefit of which the
institute is held, who shall thereupon draw an order on the
county treasurer of his county for such sum, not exceeding the
amount of the institute fund in the county treasury, as may be
necessary to defray the expenses of said institute ; and the treas-
urer of said county is hereby required to pay over to said super-
intendent or duly appointed institute conductor, from the
institute fund in his hands, the amount of said order. 1
m As amended by Act No. 112, Session Laws 1883.
At> amended by Act No. 68, Laws of 1879.
n As amended by Act No. 112, Session Laws of 1883.
56
GENERAL SCHOOL LAWS.
May draw on
State treasurer,
In certain cases.
Yearly State
Institute.
Expenses to be
paid from State
treasury.
Proviso.
Vouchers for
payments.
Acts repealed.
(159.) SEC. 6. In case the institute fund in any county shall be
insufficient to defray the necessary expenses of any institute held
under the provisions of this act, the auditor general shall, upon
the certificate of the superintendent that he has made arrange-
ments for holding such institute, and that the county institute
fund is insufficient to meet the expenses thereof, draw his war-
rant upon the state treasurer for such additional sum as said
superintendent shall deem necessary for conducting such insti-
tute; which sum shall not exceed sixty dollars for each institute
of five days' duration, and shall be paid out of the general fund.
(160.) SEC. 7. The superintendent is authorized to hold, once
in each year, an institute for the State at large, to be denominated
a State institute ; and for the purpose of defraying the necessary
expenses of such institute, the auditor general shall, on the cer-
tificate of said superintendent that he has made arrangements
for holding such institute, draw his warrant upon the state treas-
urer for such sum as said superintendent shall deem necessary
for conducting such institute, which sum shall not exceed four
hundred dollars, and shall be paid out of the general fund : Pro-
vided, That not more than eighteen hundred dollars shall be
drawn from the treasury, or any greater liability incurred in any
one year, to meet the provisions of this act.
(161.) SEC. 8. The superintendent of public instruction, or
the conductor of the institute by him appointed, drawing money
from the county treasurer, under section five of this act, shall, at
the close of each institute, furnish to the county treasurer,
vouchers for all payments from the same in accordance with thi&
act, and he shall return to the county treasurer, whatever of the
amount that may remain unexpended, to be replaced in the insti-
tute fund.
(162.) SEC. 9. An act entitled " An act to establish teachers'
institutes," approved February tenth, eighteen hundred and
fifty-five, as amended by act two hundred and thirty-nine, session
laws of eighteen hundred and sixty-one, being compiler's sections
three thousand seven hundred and eighty-nine, three thousand
seven hundred and ninety, and three thousand seven hundred
and ninety-one of the compiled laws of eighteen hundred and
seventy-one, are hereby repealed.
Of the normal
school.
Proviso.
CHAPTER XVI.
From Act No. 194, Laws of 1889.
NORMAL SCHOOL DIPLOMAS AND CERTIFICATES.
(163.) SECTION 3. The State board of education shall con-
tinue the normal school at Ypsilanti in the county of Washtenaw,
where it is now located. The purpose of the normal school shall
be the instruction of persons in the art of teaching, and in all
the various branches pertaining to the public schools of the State
of Michigan : Provided, There shall be prescribed for said school
GENERAL SCHOOL LAWS. 57
a course of study intended specially to prepare students for the
rural and the elementary [graded] schools of this State, which
shall provide not less than twenty weeks of special professional
instruction.
(164.) SEC. 5. Said board shall provide all necessary courses course of study,
of study to be pursued in the normal school and establish and etc! nln
maintain in connection therewith a fully equipped training school
as a school of observation and practice, and shall grant, upon the
completion of either of said courses, such diplomas as it may Diplomas.
deem best, and such diploma, when granted, shall carry with it
such honors as the extent of the course for which the diploma is
givtn may warrant and said board of education may direct.
(165.) SEC. 6. Upon the completion of the course specially certificate to
prescribed, as hereinbefore provided for the rural and elementary grante^ h tem
graded schools, said board of education shall upon the recom- of ' etc -
mendation of the principal and a majority of the heads of the
departments of said school, grant a certificate which shall be
signed by said board and the principal of tke normal school,
which certificate shall contain a list of the studies included in
said course, and which shall entitle the holder to teach in any of
the schools of the State for which said course has been provided
for a period of five years : Provided, That said certificate may be Pr vtso.
suspended or revoked by said State board of education upon cause
shown by any county board of examination, or by any board of
school officers.
(166.) SEC. 7. Upon the completion of either of the advanced Life certificates,
courses of study prescribed by said State board, which shall ^ nt
require not less than four years for their completion, said board
of education, upon the recommendation of the principal and a
majority of the heads of departments of said school, shall issue a
certificate to the person completing said course, which certificate
shall be referred to in the deploma hereinbefore provided to be
granted. Said certificate shall set forth a list of the studies of Maybe
the course completed and, when given, shall operate as a life re
certificate, unless revoked by said State board of education.
(167.) SEC. 8. The board of education shall make such regula- Admission of
tions for the admission of pupils to said school as it shall deem pl
necessary and proper: Provided, That the applicant shall, before Proviso,
admission, sign a declaration of intention to teach in the schools
in this State.
CHAPTER XVII.
From Act No. 194, Laws of 1889.
STATE CERTIFICATES TO TEACHERS.
(168.) SEC. 15. Said board shall hold at least two meetings Board t^gmnt^
each year, at which they shall examine teachers, and grant cer- ce
tificates to such as have taught in the schools of the State at
least two years and who shall, upon a thorough and critical
examination in every study required for such certificate, be found
58
GENERAL SCHOOL LAWS.
FrYiso.
to possess eminent scholarship, ability, and good moral character<-
Such certificate shall be signed by the members of said board and
be impressed with its seal and shall entitle the holder to teach in
any of the public schools of this State without further examina-^
tion, and shall be valicj for life unless revoked by said board.
No certificate shall be granted except upon the examination
herein prescribed : Provided, That graduates of the literary and
scientific departments of the university and of incorporated
colleges of the State, shall not be required to teach as a prelimi-
nary to taking such examination and certificate.
CHAPTER XVIII.
Act No. 117, Laws of 1855.
TEACHEBS' ASSOCIATIONS.
Fifteen or more
teachers may
form corpora-
tion.
Notice to be
published.
vjonstitutlon,
where filed.
May hold
property.
Restrictions
upon its use.
Privileges and
liabilities of
corporations.
(169.) SECTION 1. The People of the State of Michigan enact r
Any fifteen or more teachers, or other persons residing in this-
State, who shall associate for the purpose of promotiog education
and science, and improvements in the theory and practice of
teaching, may form themselves into a corporation, under such
name as they may choose, providing they shall have published,
in some newspaper printed at Lansing, or in the county in which
such association is to be located, for at least one month previous,
a notice of the time, place, and purpose of the meeting for such
association, and shall file in the office of the Secretary of State a
copy of the constitution and by-laws of said association.
(170.) SEC. 2 Such association may hold and possess real and
personal property to the amount of five thousand dollars; but
the funds or property thereof shall not be used for any other
purpose than the legitimate business of the association in secur-
ing the objects of its corporation.
(171.) SEC. 3. Upon becoming a corporation, as hereinbefore
provided, they shall have all the powers and privileges, and be sub-
ject to all the duties of a corporation, according to the provisions
of chapter fifty-five of the Revised Statutes of this State [Chap.
130, Compiled Laws of 1871], so far as such provisions shall be
applicable in such case, and not inconsistent with the provisions
of this act.
CHAPTER XIX.
Act No. 131, Laws of 1875.
SAFE KEEPING OF PUBLIC MONEYS.
"Pnblic mon-
eys" defined.
(172.) SECTION 1. The People of the State of Michigan enact,
That all moneys which shall come into the hands of any officer
of the State, or of any officer of any county, or of any township,
school district, highway district, city -or village, or of any other
GENERAL SCHOOL LAWS. 59
municipal or public corporation within this State, pursuant to
any provision of law authorizing such officer to receive the same,
shall be denominated public moneys within the meaning of
this act.
(173.) SEC. 2. It shall be the duty of every officer charged with Public moneys
the receiving, keeping, or disbursing of public moneys to keep rJte^roTaii 1 *"
the same separate and apart from his own money, and he shall otherfundft -
not commingle the same with his own money, nor with the money
of any other person, firm, or corporation.
(174.) SEC. 3. No such officer shall, under any pretext, use Howused '
nor allow to be used, any such moneys for any purpose other than
in accordance with the provisions of law ; nor shall he .use the
same for his own private use, nor loan the same to any person,
firm, or corporation without legal authority so to do.
(175.) SEC. 4. In all cases where public moneys are authorized interest on pu*.
to be deposited in any bank, or to be loaned to any individual, conSifutlfa
firm or corporation, for interest, the interest accruing upon such s eneral fund -
public moneys shall belong to and constitute a general fund of
the State, county, or other public or municipal corporation, as
the case may be.
(176.) SEC. 5. In no case shall any such officer, directly or officers not to
indirectly, receive any pecuniary or valuable consideration as an
inducement for the deposit of any public moneys with any par-
ticular bank, person, firm or corporation. bank, etc.
(177.) SEC. 6. The provisions of this act shall apply to USStffSfSf^
deputies of such officer or officers, and to all clerks, agents, and to deputles?et
servants of such officer or officers.
(178.) SEC. 7. Any person guilty of a violation of any of the Penalty
provisions of this act shall, on conviction thereof, be punished by
a fine not exceeding one thousand dollars, or imprisonment in the
county jail not exceeding six months, or both such fine and impris-
onment in the discretion of the court: Provided, That nothing Proviso.
in this act contained shall prevent a prosecution under the gen-
eral statute for embezzlement in cases where the facts warrant a
prosecution under such general statute.
(179.) SEC. 8. Any officer who shall willfully or corruptly draw
or issue any warrant, order, or certificate for the payment of of
money in excess of the amount authorized by law, or for a pur-
pose not authorized by law, shall be deemed guilty of a misde-
meanor, and may be punished as provided in the preceding
section.
CHAPTER XX.*
Act No. 144, Laws of 1883, as amended by Act No. 108, Laws of 1885.
COMPULSORY EDUCATION OF CHILDREN.
(180.) SECTION 1. The People of the State of Michigan enact, a
That every parent, guardian, or other person in (the State of > send ch'ndrea
* Act No. 144, Session Laws of 1P83, consisted of thirteen sections. Act No. 108, Ses-
sion Laws of 1885, repealed sections six, seven, eight, nine, tt-n, and elevt-n, leaving
but seven sections in force. Sections six and seven of the above chapter are numbered
twelve and thirteen in the Act as passed at the legislative session of 1883. (See Chap-
ter XXI of this volume.)
60 GENERAL SCHOOL LAWS.
Michigan, having control and charge of any child or children
between the ages of eight and fourteen years, shall be required
to send such child or children to a public school for a period
of at least four months in each school year, commencing on the
first Monday of September in the year eighteen hundred and
eighty-three, at least six weeks of which shall be consecutive,
unless such child or children are excused from such attendance
by the board of the school district in which such parents or
guardians reside, upon its being shown to their satisfaction that
his bodily or mental condition has been such as to prevent his
attendance at school, or application to study for the period
required, or that such child or children are taught in a private
school, or at home, in such branches as are usually taught in
primary schools, or have already acquired the ordinary branches
proviso. of learning taught in public schools : Provided, In case a public
school shall not be taught for four months during the year within
two miles, by the nearest traveled road, of the residence of any
person within the school district, he shall not be liable to the
provisions of this act.
children cannot (181.) SEC. 2. No child under the age of fourteen years shall
uboSa* ertain be employed by any person, company or corporation, to labor in
cases. anv b u si ness> unless such child shall have attended some public
or private day school where instruction was given by a teacher
qualified to instruct in such branches as are usually taught in
primary schools, at least four months of the twelve months next
preceding the month in which such child shall be so employed :
proviso. Provided* That a certificate from the director of the school dis-
trict in which such child shall have attended school shall be
evidence of a compliance with the provisions of this act."
cniidreu unem- (182.) SEC. 3. Every parent, guardian, or other person, hav-
schoof. to a " end i Q g charge or control of any child from eight to fourteen years
of age, who has been temporarily discharged from any business or
employment, shall send such child to some public or private day
school for the period for which such child shall have been dis-
charged, unless such child shall have been excused from such
attendance by the board of the school district, for reasons as
stated in section one hereof.
District board (183.) SEC. 4. It shall be the duty of the school district board
boks nls : " of each district of the State to purchase and furnish, at the
expense of the district, such text-books as may in the judgment
of said board be necessary for the use of children whose parents
are not able to furnish the same, the expense of such books to be
levied in like manner as other district taxes.
Penalty for non- (184.) SEC. 5. In case any parent, guardian, or other person
for^goi a n n g ce * th shall fail to comply with the provisions of sections two, three, or
four of this act, such parent, guardian, or other person shall be
deemed guilty of a misdemeanor, and shall, on conviction, be
liable to a fine of not less than five dollars nor more than ten
dollars for the first offense, and of not less than ten dollars for
ach subsequent offpnse. a
a See Chapter XXII of this volume.
GENERAL SCHOOL LAWS. 61
(185.) SEC. 6. It shall be the duty of the officers detailed or Truant officers
appointed under the provisions of this act to assist in the enforce- SsfuutYpn?
ment thereof, to institute, or cause to be instituted, proceedings ceedln e s -
against any parent, guardian, or other person having legal charge
and control of any child, or any person, company, or corporation,
violating any of the provisions of sections one, two, three, four,
and five of this act ; and in school districts and cities, and villages
of less than five thousand inhabitants, it shall be the duty of the
school board to institute, or cause to be instituted, such proceed-
ings.*
(8186.) SEC. 7. When any of the provisions of this act are Proceedings
x a I j.- J- T-T-J may be had
violated by a corporation, proceedings may be had against any against officers
of the officers or agents of said corporation, who in any way of cor P ratlon8 -
participate in or are cognizant of such violation by the corpora-
tion of which they are the officers or agents, and said officers or
agents shall be subject to the same penalties as individuals
similarly offending.*
CHAPTER XXI.
Act Xo. 108, Laws of 1885, as amended by Act No.',2l8, Public/Acts of 1889.
COMPULSORY REFORMATORY EDUCATION OF JUVENILE DISOR-
DERLY PERSONS.
(187.) SECTION 1. In all cities, villages and. townships in this Jjjg^! aybe
State maintaining and supporting a graded school, the board of established in
education, school board or other officer or officers having charge J2?3. m11
of the schools of said cities, villages and townships may establish
one or more ungraded schools for the instruction of certain chil-
dren, as defined and set forth in the following sections, and they Attendance on
may, through their authorized agents or officers, require said 8C
children to attend said ungraded schools or any department of
their graded schools, as said [board] of education or school board
may designate, during the whole or a portion of each school day,
as they may direct.
(188.) SEC. 2. In all cities having a duly organized police
force, it shall be the duty of the police authority, at the request
of the school authority, to detail one or more members of said
force to assist in the enforcement of this act; and in cities, vil-
lages, or townships having no regular police force, it shall be
the duty of the board of education, or the school district officers,
to designate the marshal of such city, or village, or one or more
constables of said city, village or township, whose duty it shall
be to assist in the enforcement of this act, as occasion may
require, and board of education or school board shall fix and
determine the compensation to be paid such officer for the per-
formance of his duties under this act, and shall pay the same of education.
* Act No. 144, Session Laws of J883, consisted of thirteen sections. Act No. 108, Ses
sion Laws of 1885, repealed sections six, seven, eight, nine, ten, and eleven, leaving
but seven sections in force. Sections six and seven of the above chapter are numbered
twelve and thirteen in the Act as passed at the legislative session of 1883. (See Chap-
ter XXI of this volume.)
62
GENERAL SCHOOL LAWS.
who shaii be
Truant officers
from any moneys in their hands raised or provided for the gen-
eral expenses of the public schools. Members of any police
force, marshal, or constable designated to assist in the enforce-
ment of this act, as provided in this section, shall be known as
truant officers.
r~ (189.) SEC. 3. The following classes of persons between the
ages of eight and sixteen years shall be deemed juvenile disor-
derly persons, and shall be subject to the provisions of this act:
Class One, Habitual truants from any school in which they are
enrolled as pupils ;
Class Two, Children who, while attending any public school,
are incorrigibly turbulent, disobedient, or insubordinate, or are
vicious or immoral in conduct ;
Class Three, Children who are not attending any school, and
who habitually frequent streets and other public r>laces, having
no lawful business, employment, or occupation, which renders
attendance at school impossible.
(190.) SEC. 4. It shall be the duty of the truant officers,
under the direction of the SfoTBsaid school authorities, or their
authorized agents, to warn alleged truants and incorrigibles, and
their parents or guardians, of the consequences of belonging to
any of said classes of juvenile disorderly persons, as set forth and
defined in this act. They shall also, under direction as afore-
said, serve written or printed notice upon the parent or guardian
of any child belonging to class one, or to class two, as described
and defined in section three of this act, that such child must
begin regular attendance at such school within five days of the
date of service of such notice,
(191.) SEC. 5. They shall also under direction, as aforesaid,
^.^ wr jtten or printed notice to the parent or guardian of any
child belonging to class three, as described and defined in section
three of this act, that said child is not attending any school and
require said parent or guardian to cause said child to begin reg-
ular attendance at such school within five days of the date of the
service of said notice.
Truant officer to (192.) SEC. 6. If said parent or guardian, or other person
having the legal charge and control of said child shall willfully
refuse, fail, or neglect to cause said child to attend such school,
after notice given, as prescribed in sections four and five of this
act, it shall be the duty of said officer to make or cause to be
made a complaint against said parent, guardian, or other person
having the legal charge and control of such child, before a jus-
, . , . ,
tice of the peace in the city, village or township where the party
resides, except in cities having a recorder's or police court, when
complaint shall be made in said recorder's or police court, for
such refusal or neglect, and said justice of the peace, police
judge, or recorder's court shall issue a warrant upon said com-
plaint and shall proceed to hear and determine the same, and
upon conviction thereof said parent, guardian, or other person,
as the case Tnay be, shall be pnnishprl bv a finp not IPR than ten
Truant officer to
notify parent,
what courts
shallhave Juris
diction.
*See Chapter XXII of this volume.
GENERAL SCHOOL LAWS. 63
dollars, nor more than twenty-five dollars, or the court may in its Penalty
discretion, require the person so convicted to give a bond in the lmp 8ed -
penal sum of one hundred dollars with one or more sureties to
be approved by said court, conditioned that said person so con-
victed shall cause the child or children under his legal charge or
control, to attend at such school within five days thereafter, and
to remain at said school during a full school term of twenty
school weeks, dating from time of beginning of said attendance :
Provided, That if said parent or guardian, or other person in when parent,,
charge of said child shall under oath plead inability to cause said discharge^ 6
child to attend said school, then said parent or guardian or other
person shall be discharged, and said justice of the peace, or
court shall, upon complaint of said truant officer, or other person
that said child is a juvenile disorderly person, as described in
section three of this act, issue a warrant and proceed to hear
such complaint, and if said justice of the peace or court shall orde^ypefson
determine that said child is a juvenile disorderly person within to be sentenced
the meaning of this act, then said justice of the peace or court o [ndu^ria? 100
shall thereupon, and after consultation with the county agent, home fov gtrls -
sentence said child, if a boy, to the reform school at Lansing, or
if a girl, to the industrial home for girls at Adrian, as the case
may be, for one year or for a longer term, not extending beyond
the time when said child shall arrive at the age of sixteen years,
unless sooner discharged by the board of control of said reform
school, or industrial home for girls : Provided however, That court may sus.
, , P , , ,. .. ii -i pend sentence
such sentence may be suspended in the discretion of the said jus- m certain cases.
tice of the peace, police judge, or judge of the recorder's court, for
such time as said child shall regularly attend school, and prop-
erly deport himself or herself: If is further provided, That if
for any cause the parent or guardian, or other person having
charge of any juvenile disorderly person, as defined in this act,
shall fail, after notice as heretofore prescribed in this act, to
cause such juvenile disorderly person to attend said school, or if
such parent, guardian, or other person shall make the complaint
as provided in this act without proceedings having been taken
against him as in this act provided, or if said juvenile disorderly
person have no parent or guardian then complaint against such
juvenile disorderly person may be made, heard, tried, and
determined in the same manner as is provided for in case the
parent pleads inability to cause said juvenile disorderly person
to attend said school: And it is further provided, That no child g n u ^ 8 u n D d t e [
under the age of ten years shall be sent to the reform school, or be sentenced,
industrial home for girls.
(193.) SEC. 7. When it appears to the school authorities that ^Jjgj^^
the parent, guardian, or other person is unable to provide suitable books for cer-
books for said child, said child shall be furnished by the school ta
board with such books as are required in the course of studies
pursued in such school, and said books shall be the same in all
respects as those in use in other schools in said city, village, or
township and no distinction in form, color, labeling, or substance
shall be permitted. The expense of said books shall be paid for
64 GENERAL SCHOOL LAWS.
from the school fund of said municipality and levied and collected
in the same manner as all other school taxes.
certain existing (194 ) SEC. 8. It is further provided that the provisions of act
n^ap^icabieto number one hundred and forty-four of the public acts of eighteen
providJdforTn 8 htmclred and eighty-three, entitled "An act to provide for the
this act. compulsory education of children in certain cases," approved
May thirty-first, eighteen hundred and eighty-three, limiting
such compulsory education to a period not exceeding four months
in any one year shall not, so far as said limitation is concerned,
cemit^sections h ave an y application to the class of juvenile disorderly persons
provided for in this act. It is also provided that sections six,
seven, eight, nine, ten, and eleven, of act one hundred and forty-
four, of the session laws of eighteen hundred and eighty-three,
and all acts and parts of acts inconsistent with the provisions of
this act are hereby repealed.
CHAPTER XXII.
Act No. 39, Laws of 1885,'as amended by ActjNo. 21, Public Acts of 1889.
REGULATING THE EMPLOYMENT OF CHILDREN.
children under (195.) SECTION 1. The People of the State of Michigan enact,
That no child under the age of ten years shall be employed in
any factory, warehouse or workshop where the manufacture of
any goods whatever is carried on, or where any goods are pre-
pared for manufacturing.
children not to (8196.) SEC. 2. No child under the age of fourteen years shall
be employed in , v " , -, , i i i i
certain cases, be employed by any person to labor in any business, unless such
child shall have attended some public or private day school, where
instruction was given by a teacher qualified to instruct in such
branches as are usually taught in primary schools, at least four
months of the twelve months next preceding the month in which
such child shall be so employed, except in districts in which only
Proviso. three months of school are taught by a qualified teacher : Pro-
vided, That a certificate of such attendance from the superintend-
ent of the school, or the director of the school district in which
such child shall have so attended school, shall be evidence of a
compliance with the provisions of this section, if acted upon by
the employer in good faith. If any such superintendent or
director shall knowingly make a false certificate, he shall be
deemed guilty of a violation of this act, and shall be liable to the
punishment hereinafter provided.
certificate of (197.) SEC. 3. Certificates given under the preceding section
attendar.ce at , v ~, . ', , . , . . . , . , ,. . -,
school to be filed shall be deposited with the employer, at the time of employing
by employer. aD y ^^ ^i}^ fln( j ^^ ^ kept by him Qn file j n j^g offic6j an( j
shall, at all times, be subject to inspection by the persons author-
ized to make inspections under this act.
umttitio/io" (198*) SEC. 4. No child, or young person under the age of
hours* ( eighteen years, and no woman, shall be employed in any factory,
warehouse, workshop or place where the manufacture of any
GENERAL SCHOOL LAWS.
kind of goods is carried on, or where any goods are prepared for
manufacturing, for a longer period than an average of ten hours
in a day, or sixty hours in any week, and at least one hour shall Dinner hour.
be allowed in the labor period of each day for dinner.
(199.) SEC. 5. Every person who shall employ any female in seats for female
any factory, warehouse, workshop, store or hotel shall provide employes -
suitable seats for the use of the females so employed, and shall
permit the use of such seats by them when they are not necessa-
rily engaged in the active duties for which they are employed.
(200.) SEC. 6. Any person, company or corporation who shall Penalty tor vu>~
violate any of the provisions of this act, shall, for each offense, toMofSStik
forfeit a penalty of fifty dollars, to be recovered before any com-
petent court.
(201.) SEC. 7. In all cities it shall be the duty of the superin- "ur.y of officers
, . . np . ,. , - 11 ,. to make tnspec-
tendent, or chief officer of police, by suitable inspections, to see turn.
that the regulations of this act are observed, and also to prosecute
all persons who shall violate the same. Such superintendent, or
chief officer of police, shall detail such portion of the force under
him as he shall deem necessary, for the inspection, from time to
time, of all the aforesaid places where such children or young per-
sons may be employed: Provided. That, in the city of Detroit, Proviso for city
., , -1-1 .-i I- j. -! , i of Detroit.
the board of building inspectors of said city, or any member
thereof, shall have concurrent jurisdiction with the superintendent
or chief officer of police with like power and authority to person-
ally see that the regulations of this act are observed and also to
enter complaint against all persons who shall violate the same.
In towns the supervisors thereof shall perform the duties above
imposed on the superintendent, or chief officer of police in cities.
(202 ) SEC. 8. The directors of any corporation which shall ^JJmfo?
willfully neglect or refuse to obey the provisions of this act, shall personally
each be liable to the penalties of this act: Provided, Tnat the lk
provisions of this act shall not apply to any of the penal, reforma-
tory, or benevolent institutions of this State.
CHAPTER XXIII.
Act No. 222, Public Acts of 1887.
TO PREVENT CRIME AND PUNISH TRUANCY.
(203.) SECTION 1. The People of the State of Michigan enact, certain gins
That any girl between the ages of ten and seventeen years, or boy deemeTtruant
between the ages of ten and sixteen years, who shall run away, or person 3 s rderly
wilfully absent himself or herself from the school he or she is
attending, or from any house, office, shop, farm or other place
where such person is legitimately employed to labor, or shall fre-
quent saloons or other places where intoxicating liquors are kept
for sale, or shall be found lounging around the same, or shall be
found lounging upon the public streets, or other public places of
any city or village, against the command of his or her parent or
guardian, or shall, without the permission of his or her parents
GENERAL SCHOOL LAWS.
or guardian, attend any public dance, skating rink or show, shall
be deemed to be a truant and disorderly person.
WLO to make (204. ) SEC. 2. Upon complaint upon oath and in writing made
before any justice of the peace by the parent or guardian of any
girl between the ages of ten and seventeen years, or of any boy
between ten and sixteen years of age, or by the supervisor of any
township, or the mayor of any city, or president of any village,
and in cities of over eight thousand population, by the chief of
police, that any such minor has been guilty of any of the acts
specified in section one of this act, such justice shall issue his
warrant for the arrest of such minor, and upon such conviction,
such minor, if a boy, may be sentenced by such justice to the
reform school for boys at Lansing ; and if a girl, to the State
industrial home for girls at Adrian ; boys until seventeen years
of age and girls until twenty-one years of age, unless sooner dis-
charged according to law: Provided, That no person or persons
shall be sent to said reform school for boys, or the industrial
home for girls until the sentence therein has been submitted to
and approved by the circuit judge of the circuit or the judge of
probate of the county in which such conviction shall be had.
(205.) SEC. 3. The same proceedings shall be had upon the
trial of any person charged with being guilty of any of the
offenses mentioned in section one of this act before the justice
before whom such person is brought as are had in trials for mis-
demeanor, as far as the same are applicable, and the State agent
for the care of juvenile offenders of the county wherein such
offenders may be on trial shall have authority and take the same
action in the premises as is provided by act number one hundred
and seventy-one of the session laws of eighteen hundred and
seventy- three of this State.
Upon convic-
tion, where to
be sentenced.
Term of
sentence.
Proviso as to
approval of
sentence.
Proceedings
upon trial.
Duty of State
.agent.
CHAPTER XXIV.
Act No. 147, Public 'Acts of 1889.
FREE TEXT BOOKS.
text- books.
District to vote (206.) SECTION 1. The People of the State of Michigan enact,
That from and after June thirtieth, eighteen hundred and ninety,
each school board of the State shall purchase, when authorized,
as hereinafter provided, the text books used by the pupils of the
schools in its district in each of the following subjects, to wit :
Orthography, spelling, writing, reading, geography, arithmetic,
grammar (including language lessons), national and State his-
tory, civil government, and physiology and hygiene; but text
books once adopted under the provisions of this act shall not
<proYiso. be changed within five years: Provided, That the text book on
the subject of physiology and hygiene must be approved by the
State board of education, and shall in every way comply with
section fifteen of act number one hundred and sixty-five of the
public acts of eighteen hundred and eighty-seven, approved June
GENERAL SCHOOL LAWS. 67
ninth, eighteen hundred and eighty-seven : And provided fur- Proviso.
ther, That all text books used in any district shall be uniform in
any one subject.
(207.) SEC. 2. The district board of each school district shall District board
select the kind of text books on subjects enumerated in section book? 011
one to be taught in schools of their respective districts : Provided,
That nothing herein contained shall require any change in text Jjf r gjj tak i en
books now in use in such district. They shall cause to be posted meSg D a n er
in a conspicuous place, at least ten days prior to the first annual {Sf s p a a c 8 t 8age of
school meeting from and after the passage of this act, a notice
that those qualified to vote upon the question of raising money
in said district shall vote at such annual meeting to authorize
said district board to purchase and provide free text books for
the use of the pupils in said district. If a majority of all the
voters, as above provided, present at such meeting shall author-
ize said board to raise by tax a sum sufficient to comply with
the provisions of this act, the district board shall thereupon
make a list of such books and file one copy with the township
clerk and keep one copy posted in the school, and due notice of
such action by the district shall be noted in the annual report to
the superintendent of sublic instruction. The district board JJ^^JJJ" 1
shall take the necessary steps to purchase such books for the use tex^ookswhen
of all pupils in the several schools of their district, as hereinafter authorlzed -
provided. The text books so purchased shall be the property
of the district purchasing the same, and shall be loaned to pupils
free of charge, under such rules and regulations for their careful
use and return as said district board may establish : Provided, Proviso.
That nothing herein contained shall prevent any person from
buying his or her books from the district board of the school in
which he or she may attend: Provided further. That nothing Provl8 -
herein contained shall prevent any district having once adopted
or rejected free text books from taking further action on the
same at any subsequent annual meeting.
(208.) SEC. 3. It shall be the duty of the district board of
any school district adopting free text books provided for in this
act to make a contract with some dealer or publisher to furnish
books used in said district at a price not greater than the net
wholesale price of such books : Provided, That any district may, Proviso.
if it so desires, authorize its district board to advertise for pro-
posals before making such contract.
(209.) SEC. 4. The district board of every school district in
the State adopting free text books under this act shall make and
prepare annually an estimate of the amount of money necessary ralsed *
to be raised to comply with the conditions of this act and shall
aid such amount to the annual estimates made for money to be
raised for school purposes, for the next ensuing year. Said sum
shall be in addition to the amount now provided by law to be
raised ; which amount each township clerk shall certify to the
supervisor of his township to be assessed upon the taxable prop-
erty of the respective districts as provided by law for raising the
regular annual estimates of the respective district boards for
68
GENERAL SCHOOL LAWS.
when director
Refusal or
school purposes and when collected shall be paid to the district
treasurer in the same manner as all other money belonging to
said district is paid.
(210.) SEC. 5. On the first day of February next after the tax
shall have been levied, the director of said district may proceed
to purchase the books required by the pupils of his district from
the list mentioned in section one of this act, and shall draw his
warrant, countersigned by the moderator, upon the treasurer or
assessor of the district for the price of the books so purchased,
including the cost of transportation.
(3H) SEC. 6. If the officers of any school district, which has
so voted to supply itself with text books, shall refuse or neglect
to purchase at the expense of the district for the use of the
pupils thereof, the text books as enumerated in section one of
this act, or to provide the money therefor as herein prescribed,
each officer or member of such board so refusing, or neglecting,
shall be deemed guilty of a misdemeanor, and upon conviction
thereof before a court of competent jurisdiction, shall be liable
to a penalty of not more than fifty dollars or imprisonment in the
county jail for a period not exceeding thirty days or by both such
fine and imprisonment in the discretion of the court: Provided?
That any district board may buy its books of local dealers if the
same can be purchased and delivered to the director as cheap as
if bought of the party who makes the lowest bid to the district
Further proviso, board : Provided further, That school districts in cities organized
under special charters shall be exempt from the provisions of
in cities boards this act, but such districts may, when so authorized by a majority
vote of their district boards, submit the question of free text
books to the qualified voters of said districts. If a majority of
the qualified electors vote in favor of furnishing free text booKs,
such district boards shall have authority to proceed under the
provisions of this act.
Penalty.
proviso.
6
Set * dls ~
NOTE.
APPORTIONMENT OF SURPLUS DOG-TAX TO SCHOOL DISTRICTS-
Under the provisions of Act No. 198, Public Acts of 1877,.
as amended by Act No. 283 of the Public Acts of 1881, it is
required that in all the townships and cities of the State there
shall annually be levied and collected a tax of one dollar upon
every male dog and of three dollars upon every female dog. The
money thus obtained is to constitute a fund in the several town-
ships and cities for the payment of damages sustained by owners
of sheep by reason of having such sheep killed or wounded by
dogs. Section six of the law referred to provides that "if money
remains of such fund after satisfactory payment of all claims
aforesaid in any one year over and above the sum of one hundred^
GENERAL SCHOOL LAWS. 69
dollars, it shall be apportioned among the several school districts
of such township or city in proportion to the number of children
therein of school age." The apportionment must be based upon
the whole number of children of school age residing in the town-
ship, and include all districts whether lying wholly or partly in
such township. In case of a fractional district in which the
school-house is situated in a different township, the money
belonging to such district must be paid over to the treasurer of
the township in which the school-house is situated, and by that
treasurer paid to the district, in the same way as in the case of
the one-mill and other taxes.
By Act No. 214, Public Acts of 1889, it is provided that i"f any
money remains in this fund in any city and any township or
part of township adjoining thereto (the same being within one
county) "after the payment of the orders payable out of the
same and the amount of said money shall exceed the sum of two
hundred dollars, the sum in excess of two hundred dollars shall
be apportioned by said county treasurer to the said township or
part of township and said city in proportion to the amount con-
tributed to said fund during the preceding year, and the amount
so apportioned to any said township or part of township, or said
city, shall be respectively apportioned among the several school
districts of said township or part of township and said city, in
proportion to the number of children therein of school age."
APPENDIX A.
DIGEST OF DECISIONS OF THE SUPREME COURT.
I.
TOWNSHIP BOARD OF SCHOOL INSPECTORS.
1"!. The statutory notice of meetings by inspectors must be given, stat-
ing the object of the meeting. And no business at a meeting inconsistent
with the notice is lawful. Passage v. School Inspectors of Williamstown,
19|Mich., 330.
1"2. The township board of school inspectors have no power to dissolve a
school district erected by special act of the legislature, and to set back the
territory into the districts from which it was taken. School District v. Dean,
17 Mich., 223.
1"3. On the erection and organization of a new township, the inspectors
of such township may sever its territory from the school district within
which it was formerly embraced, and there is no general provision of law
which charges the property within the new township with the obligation to
pay any debts created for school purposes, which existed at the time of the
erection of the new township. School District No. 1 of Portage v. Ryan,
19jMich., 203.
14. Mandamus will not be granted to disturb an apportionment made
by the township board of school inspectors between different districts,
acquiesced in for several years, and which if the court could change it has
no proof that it ought to. School District No. 3 of Riverside Township v.
the Township of Riverside, 67 Mich., 404.
II.
APPEALS FROM ACTION" OF SCHOOL INSPECTORS.
1~5. Under the statute providing for appeals from the board of school
inspectors to the township board, the approval of the appeal bond is essential
to complete an appeal ; and the fact that the bond was presented to the clerk
of the board of inspectors, who refused to approve it because it was not wit-
nessed, even though the objection be a frivolous one, made in bad faith and
for vexation, will not render the bond sufficient without an approval, since,
72 DIGEST OF DECISIONS.
under the statute, it may be approved also by any justice of the township.
Clement v. Everest, 29 Mich., 19.
1"6. The validity of the action of school inspectors in changing the bound-
aries of school districts is not affected by the fact that the inspectors were
interested parties as taxpayers and residents ; the disabling doctrine has no
application to those administrative acts which are public, and not with or
between private parties. Ibid.
1"7. The regularity of the action of school inspectors in creating or chang-
ing school districts will not be inquired into in a collateral proceeding ; their
action is the exercise of a public discretionary power, which can only be
reviewed, if at all, by some direct appellate process authorized by law and
operating upon the proceedings themselves to affirm, reverse or change them.
Ibid.
1"8. Parties appealing under the statute from the action of school inspect-
ors in arranging school districts, to the township board, thereby waive those
questions which require judicial review and submit themselves to the dis-
cretion of that body ; and a certiorari to the township board does not open
for review the doings of the inspectors. Brody v. Township Board of Penn,
32 Mich., 272.
1~9. It was never intended that a court should exercise any of these powers
of discretionary administration; and when, on such appeal, the township
board acted within its jurisdiction, its discretion cannot be reviewed by the
courts ; and if it did not, and its acts were void, then under the statute the
action of the inspectors, after ten days, is equally intact and beyond disturb-
ance. Ibid.
T10. Where, however, the township board, acting without authority,
reverses the action of the inspectors, their doings may be overturned ; but an
order of the board affirming the action of the inspectors, whether properly
or improperly, only leaves such action where it would have been without
such interference. Ibid.
Ifll. A township board has jurisdiction of appeals from decisions of the
board of school inspectors fixing the amount to be paid by an old school dis-
trict to a new one where the latter comprises part of the same territory, and
the former retains the school property. School District No. Five of Pine
Township v. Wilcox, 48 Mich., 404.
III.
TOWNSHIP BOARD.
1 12. An application to the township board to remove the moderator of a
school district, on the ground that he presistently refuses to countersign an
order drawn by the director of the district on the assessor, involves an
inquiry, in which the payee named in the order is an interested party.
Stockwell v. Township Board of White Lake, 22 Mich., 341.
H~13. A proceeding before the township board to remove an officer of a
school district, is in the nature of a judicial investigation ; and when one of
the board is interested in the subject of the complaint, and the presence of
such member is essential to the quorum, the proceedings are void. Ibid.
1T14. When either of the members of the township board is interested in
the subject for consideration, he is not "competent or able to act," in the
DIGEST OF DECISIONS. 73
sense of the statute ; arid such incompetency will justify the calling in of
one of the remaining justices. Hid.
115. Every special tribunal appointed by law is subject to the maxim that
no person can sit in any cause in which he is a party, or in which he is inter-
ested. Ibid.
116< The removal of a school district assessor by the township board is
reviewable on certiorari. Merrick v. Township Board, 41 Mich., 630.
117. Costs awarded by the supreme court in a proceeding by certiorari
against persons composing a township board, to review their official acts, are
to be collected like township charges, and not by execution against the
officers personally. Stockwell v. Township Board of White Lake, 22 Mich.,
341.
118. Proceedings by a township board to remove a school director are not
invalidated by the fact that it did not meet to agree on the notice under
which the proceedings were taken. Wenzett v. Township Board of Dorr, 49
Mich., 25.
"If 19. The primary school law does not authorize the township board to
remove the moderator for hiring her husband to teach the district school
and agreeing to pay him more than is necessary to secure a better teacher.
Hazen v. Town Board of Akron, 48 Mich., 188.
120. In providing that the school director shall keep the necessary school-
house furniture in due order and condition, and that his expenses shall be
subsequently audited and paid, it is not intended that money must be put
into his hands beforehand. Township Board of Hamtramck v. Holihan, 46
Mich., 127.
121. The township board is exclusive judge of the facts on which it is
authorized to remove a school director,, and its proceedings can only be
reviewed by the circuit and supreme courts on questions of law. Ibid.
122. Proceedings by a township board to remove a school director cannot
properly be taken until the action of the proper authorities has been invoked
by complaint of some definite violation of duty; but where the plaintiff
admits the charges set up against him, and expressly desires the board to act
on them without farther delay, he cannot afterwards complain that they did
so. tieddes v. Township of Thomastown, 46 Mich., 316.
123. The action of a town board in removing a school director is final,
unless speedily brought up for review. Ibid.
^[24. The willful refusal of a school director to sign a contract made with
a teacher, or to accept and file it, or draw orders for the teacher's pay while
it is pending, and his obstinate neglect to furnish necessary school-house
supplies, may be taken into account in proceedings for his removal. Ibid.
IV.
/
ORGANIZATION OF SCHOOL DISTRICTS.
125. There should be some special and extraordinary reason to justify
interference by quo warranto with the organization of a school district, as
the statutes provide a speedier remedy by an appeal from the inspectors to
the township board. Lord v. Every, 38 Mich., 405.
74 DIGEST OF DECISIONS.
126. "When a school district had enjoyed its franchises for five years, dur-
ing most of which time proceedings to inquire into the validity of the organi-
zation had been pending by quo warranto and writ of error instead of the
speedier statutory process of appeal, the supreme court declined to review
its organization on technicalities. Ibid.
127. The legal organization of a school district actually exercising its cor-
porate powers, cannot be collaterally questioned in contesting a title based
on a school, tax. StocMe et al. v. Silsbee, 41 Mich., 615.
1~28. A certiorari to review proceedings whereby a new school district has
been created out of old districts, must be applied for before the district has
been organized and assumed the functions of a corporation ; after that time
the proper course is to take measures to try the legality of its corporate
existence by quo warranto, or other direct proceeding against the alleged
corporation or its officers. Fractional School District No. 1 of Owosso, etc.,
v. School Inspectors of Owosso, etc., 27 Mich., 3.
1~29. Certiorari addressed to the assessor of a school district is wholly
unsuited as a remedy to test the legal organization and existence of the dis-
trict, as the errors, if any there are, lie back of any action of the assessor,
and are to be found in the action of the township authorities. Jaquith v.
Hale, 31 Mich., 430.
1"30. It has always been the policy of the Michigan school laws that no
primary school district should contain more than nine sections of land.
Simpkins et al. v. School District No. 1 of Michigamme et al., 4& Mich., 559.
^31. Township school inspectors cannot enlarge a graded school district
by adding unorganized territory, though they may, with the consent of the
trustees, transfer to its jurisdiction territory previously organized into pri-
mary districts. Ibid.
132. Injunction lies to restrain the sale, for school taxes, of lands unlaw-
fully included within the taxing district. Ibid.
1^33. A writ of certiorari to bring up proceedings for the formation of a
school district will not be sustained if after its issue, and without good rea-
son, it has been allowed to sleep until the organization has been completed,
a tax voted and contract made for building a school-house, and interests
established which cannot be overturned without public inconvenience and
injury and individual damage. Parman v. Board of School Inspectors, 49
Mich., 63.
134. Where certiorari issues to bring up proceedings for the formation of
a school district, the papers on which it was allowed must be served with it.
Ibid.
135. Where there has been actual notice of proposed proceedings by joint
boards for the formation of a new school district out of several old ones,
mere informalities in the issue of such notice are not jurisdictional defects ;
nor is the fact that it covers territory not actually taken. Ibid.
136. The statutory requirement for notice of the meeting of a township
board of school inspectors to alter the boundaries of a school district, is
jurisdictional, and proof of posting such notice should be filed with the
clerk of the board, before any action is taken. Coulter et al v. Board of
School Inspectors of Grant and Arthur Townships, 59 Mich., 391.
^37. In the absence of the consent of the owners of lands which have
been taxed for building a school-house, within three years last preceding the
DIGEST OF DECISIONS. 75
date of their proposed transfer to another district, such transfer is illegal ;
and the fact that the detached territory was not at the same time attached
to another district will not legalize such transfer. Ibid.
^38. The statutory requirement for notice of the meeting of a township
board of school inspectors to alter the boundaries of a district is jurisdic-
tional, and until such notice has been given, and proof of posting made, as
required by law, the inspectors have no power to act. Fractional School
District No. 3 of Martin, Watson and Wayland Townships v. Boards of
School Inspectors of said Townships, 63 Mich., 611.
139. Where a de facto school district has exercised its franchises and
privileges for over two years, it is presumed to have been legally organized,
and it is too late to litigate that question in law or equity. School District
No. 3 of Everett Township v. School District No. 1 of Wilcox Township, 63
Mich., 51.
^ 40. The statutory provision requiring the town clerk to give notice of
every meeting of the board of school inspectors of his township, existing
prior to the 1881 amendment, was imperative, and the apportionment by the
inspectors of the valuation of school property, on the formation of a new
district, at a meeting held without such notice, was void ; and a bill in equity
will lie in the name of the old district to enjoin the assessment and collection
of a tax to satisfy the amount so apportioned as its share of such valuation.
Ibid.
^"41. A township board of school inspectors may under one notice, and at
one meeting, by separate action, detach lands from separate school districts and
attach them to one district. Doxey v. The Township Board of School Inspect-
ors of Martin Township, 67 Mich., 601.
H"42. Where the action of a board of school inspectors in detaching terri-
tory from a district, without the consent of a majority of the resident tax-
payers, and attaching it to another district, left land enough in the former
for school purposes, they may afterwards consolidate such remaining terri-
tory, with the consent of its remaining tax-payers, with any other district
which gives a like consent. Ibid.
1f43. At a school meeting to vote on the question of dissolving the district,
18 votes were cast in favor of the proposition, and 9 against it. Every
person present who possessed the qualifications of a voter at any school meet-
ing was allowed to vote, without reference to sex, or whether or not he or
she was a resident tax-payer. Ten or more persons who were not resident
tax-payers voted, and some of the legal tax-payers did not vote, and some
were not present. Held, that the consent of a majority of the resident
tax-payers had not been obtained as required by HowelFs Statutes 5041.
Briggs v. Borden et aL, School Inspectors, 38 N. W. Kep,, 712.
^"44. A bill will lie, at the suit of resident tax-payer, to restrain the board
of school inspectors from selling a school-house and site, furniture, etc.,
under color of a void attempt to dissolve the district to which such school-
house, etc., belongs. Ibid.
If45. Under HowelPs Statutes 5041, providing that school districts
cannot be divided or consolidated without the consent of a majority of the
resident tax-payers of each district, a return by the board of school inspect-
ors, stating that the persons consenting are a majority of the resident tax-
payers of the districts, is conclusive as to such fact, though the consent filed
76 DIGEST OF DECISIONS.
by the districts does not state that the persons are a majority. Gentle v.
Board of School Inspectors of Coif ax Township, 40 N. W. Rep., 928.
146. Proceedings for organizing a new school district, taken without
giving the full ten days' notice required by HowelPs Statutes 5040, are not
rendered valid by the filing of a consent by a majority of the citizens of
each district affected, such consent being required by 5041, as the notice is
a jurisdictional requirement, and the minority have a right to be heard, and
a right, to the full notice required. Ibid.
147. Quo warranto is the proper remedy to determine the legal existence
of a school district, and the right of particular persons to exercise the offices
of moderator, assessor, and director. People ex rel., Roeser et al., v. art-
land, Moderator, etal., 42 N. W. Rep., 687.
p 148. Under HowelPs Statutes 5033, providing that no school district
shall contain more than nine sections of land, a district containing five full
sections and eight fractional sections, the whole not exceeding in quantity
of land nine full sections, is legal. Ibid.
149. The statutory provision concerning the election .of school district
officers by ballot is mandatory, but where such officers have been unanimously
elected by vive voce vote at a regular meeting, no other persons claim to have
been elected, and they are qualified and are acting, they will not be ousted
by quo warranto. Ibid.
V.
DISTEICT MONEYS, WAKRANTS, AND OKDEKS.
150. An action for money had and received will lie in favor of a school
district to recover district moneys received by its assessor, and which after
expiration of his term of office he refuses on demand to pay over to his suc-
cessor, and an action upon the assessor's bond is not the exclusive remedy;
the bond is required as additional security, but it does not supersede the
officer's individual responsibility. Mason v. Fractional School District No.
1 of Scio and Webster, 34 Mich., 228.
151. An assessor cannot lawfully withhold the district funds in his hands,
when the same are properly demanded by his successor, a fortnight after the
latter has been regularly elected and has accepted and qualified, upon any
claim that he is entitled to be first personally notified officially of such elec-
tion and acceptance ; he is chargeable with notice of these facts without any
personal certification thereof. Ibid.
152. An official treasurer cannot defend an action to make him turn over
to his successor the funds in his official custody, upon any questions of the
regularity of the proceedings whereby the funds came into his possession.
Ibid.
- 153. The assessor of a school district is the lawful treasurer and deposit-
ory of school district funds, and all moneys must pass through his hands and
be paid out by him on proper orders. School District No. 9 of Midland v.
School District No. 5 of Midland, 40 Mich., 551.
154. A showing of a want of funds is a complete answer to an application
for mandamus to require an assessor of a school district to pay an order
drawn on him in favor of a school teacher. Allen v. Prink, 32 Mich., 96.
DIGEST OF DECISIONS.
It is not necessarily the duty of the moderator of a school district to
countersign an order upon the assessor drawn by the director. He has a
right to satisfy himself that the claim for which it was drawn is a valid one,
and that it was drawn by the director in the proper performance of his duty.
Stockwell v. Township Board of White Lake, 22 Mich., 341.
^[56. The disbursement of all school moneys is required by the statute to
be made by orders drawn on the asssessor by the director and countersigned
by the moderator ; and all moneys belonging to the district in the town
treasurer's hands are required to be paid to the assessor on warrants dawn
by the director and countersigned by the moderator. The assessor is made
treasurer of the district, and required to hold all district moneys until prop-
erly drawn out by warrant. It is made the express duty of the director to
draw and sign warrants upon the township treasurer, payable to the assessor,
for all moneys raised for district purposes, or apportioned to the district by
the township clerk, and present them to the moderator to be signed; and it
is made the duty of the moderator to countersign such warrants. Burns v.
Bender, 36 Mich., 195.
1"57. District moneys in the hands of the town treasurer are not subject
to be applied to any district purpose except through the hands of the
assessor. And the duty of suing to thus transfer them into the custody of
the assessor, if qualified, is laid on the director ; and the duty of procuring
this transfer within some reasonable time is not discretionary, but absolute.
The moderator is bound under ordinary circumstances to countersign all
orders of the director for that purpose ; and if he refuses in a proper case to
do so, mandamus will lie to compel him. Ibid.
1~58. The statute making it the duty of the director to present the war-
rant to the moderator for signature, he may properly be a relator to obtain
it by compulsion of law when refused. He is the proper custodian of the
completed warrant, for the purpose of delivery to the assessor. Hid.
1"59. The query is suggested, whether the assessor would not also be a
competent relator. Ibid.
1*60. The town treasurer has no authority to make payments of district
moneys even to the assessor, except upon the warrant prescribed by statute ;
and no payment not authorized by warrant is a valid official payment, such
as to preclude the district from holding him responsible for moneys law-
fully in his hands. Payments made otherwise than in the prescribed mode
are made in his own wrong, and cannot diminish the fund for which he is
responsible. Ibid.
^61. Respondent occupying the double position of moderator and town
treasurer, is not thereby authorized to set up his previous illegal disburse-
ments of the district moneys as treasurer as an excuse for not doing his duty
as moderator ; his double functions will not relieve him in one capacity
from doing his duty in another. Ibid.
T62. Warrants drawn by the officers of school districts upon the town-
ship treasurer for school moneys are not negotiable, and the treasurer is
under no obligation to pay them except to the district assessor. Fox v.
Shipman, 19 Mich., 218.
^"63. An order drawn upon the township treasurer by the director and
countersigned by the moderator of a school district, payable to A, or bearer,
is void upon its face. The director has no power to draw any order on the
township treasurer for any money of the district in his hands, payable to
78 DIGEST OF DECISIONS.
any one but the district assessor, who is the disbursing officer of the district.
Fractional School District No. 4 of Macorrib and Chesterfield v. Mallary, 23
Mich., 111.
["64. The statute expressly requiring the township treasurer to pay the
amount of taxes raised for school purposes to the order of the school district
officers, his liability therefor is distinct from his ordinary liability for town-
ship moneys, and cannot be released or in any way affected by the action of
the township board. Jones v. Wright, 34 Mich., 371.
165. A township treasurer has no right to receive for school moneys any-
thing which the law has not authorized to be so received, and if he chooses
to do so and to receipt for the taxes, he must make good the amount. Ibid.
T66. A town treasurer can pay school moneys only to the school district
assessor, and then only on the warrant of the proper district officers. School
District No. 9 of Midland v. School District No. 5 of Midland, 40 Mich., 551.
167. A school district at an annual meeting may lawfully recognize and
pay equitable claims, even though they are not strictly legal demands,
against it. Stoclcdale v. School District No. 2 of Wayland et al, 47 Mich., 226.
168. A vote to issue school district bonds in settlement of a demand, if in
excess of the limit fixed by law, may be sustained up to the legal limit.
Ibid.
169. A corporate act which can only be taken by a two-thirds vote, can-
not be rescinded by a bare majority. Ibid.
170. School orders, payable to bearer, when sold, without indorsement,
at a discount, and it not appearing that the vendor was asked or made any
representations as to their character or consideration, it was held that in
the absence of false representations or of fraud, the purchasers took them
for what they were worth, and had no cause of action against the vendor.
White et al. v. Eobinson, 50 Mich., 73.
171. A mandamus will lie to compel a township treasurer to pay to the
assessor of a school district so much of the money in his hands as is covered
by the warrant of the director of the district drawn in favor of the assessor
and in proper form, even though it does not specify a precise sum but is for
all such money in his hands as was raised for the purposes of the school dis-
trict and belonged thereto. Bryant v. Moore, 50 Mich., 225.
172. The custodian of public funds is bound to make payments on a
proper warrant to the extent of the moneys lawfully in his hands, and can-
not refuse on the ground that his right to the custody of the remainder is
disputed. Ibid.
173. Mandamus to compel the payment of money may be granted so far
as concerns a portion of the demand, while as to the rest the application is
dismissed. Ibid.
IT 74. When the moderator and assessor of a school district are sued upon
an order signed by them, a finding that it was signed on a false and fraudu-
lent statement that the school director approved and would sign it, and on
condition that it should be of no force unless he did sign it, and the farther
finding that there was no purpose to contract except for the district, defeats
an action thereon in the absence of any showing of subsequent action creat-
ing contract relations, or of any action by defendants, taken with a knowl-
edge of the facts and estopping them personally. Kane v. Stowe, 50 Mich.,.
317.
DIGEST OF DECISIONS. 79
. Mandamus to compel a school district assessor to pay a school order
was allowed where the court was satisfied there was no valid defense. Martin
v. Tripp, 51 Mich., 184.
^"76. Interest from the time of demand may be allowed in granting man-
damus for the payment of a school order when it is such a settled demand
as would sustain a recovery of interest at law. Ibid.
^"77. Mandamus will lie on relation of a school district assessor to compel
the clerk of a township to which the district formerly belonged, to certify to
the supervisor of the township to which it now belongs the amount ascer-
tained by the school inspectors as due to the new district from what remained
of the old district out of which it was erected. Ramsey v. Cleric of Everett
Township, 52 Mich., 344.
^[78. A town treasurer refusing to pay a warrant drawn in favor of the
assessor, whose official character is not questioned, on the ground that the
moderator, who has been recognized as such by the other district officers, is
not a legal officer, assumes a serious responsibility. The court issued a man-
damus requiring the town treasurer to pay the order. School District No. 8
of Tallmadge Toivnship v. Rooty Town Treasurer, 61 Mich., 373.
VI.
If 79. When a contract for hiring a teacher has been signed by the director
of the school district and by the teacher, and the moderator writes upon it
"approved," and subscribes it as moderator, such approval and signature
will be treated as in legal effect a signature of the contract by such moder-
ator. Everett v. Fractional School District No. 2 of Cannon, 30 Mich., 249.
1 80. The provision of the statute that the contract for hiring a school
teacher shall require the teacher to keep a correct list of the pupils, and the
age of each attending the school, etc., imposes the duty upon the teacher of
keeping such list, and this becomes in legal effect a part of his contract,
whether the written contract expressly stipulates for it or not. Ibid.
181. The provision of the statute requiring the keeping of a list of pupils,
etc., to be inserted in the contract is merely directory, and does not render
invalid a contract from which such requirement has been omitted, provided
it be good in other respects and entered into in good faith. Ibid.
^82. A school district is a municipal corporation and cannot be garnished
even by its own consent, unless the debtor also consents. School District
No. 4 of Marathon v. Gage, 39 Mich., 484.
^83. It is against public policy to allow the wages of persons in public
employments to be reached by garnishment. Ibid.
^84. School managment should always conform to those decent usages
which recognize the propriety of omitting to hold public exercises on recog-
nized holidays; and it is not lawful to impose forfeitures or deductions for
such proper suspension of labor. All contracts for teaching during periods
mentioned must be construed of necessity as subject to such days of vacation,
and there can be no penalty laid upon such observances, in the way of for-
feitures or deductions of wages. School District No. 4 of Marathon v. Gage,
39 Mich., 484. [NOTE. The legal holidays established by statute are New
SO DIGEST OF DECISIONS.
Year's day (January 1), Washington's birth-day (February 22), Decoration
day (May 30), Independence day (July 4), Christmas day (December 25),
and any day appointed by the president or governor as a day of fasting and
prayer, or of general thanksgiving. Whenever a legal holiday falls on Sun-
day, the Monday next succeeding is to be observed instead. Act No. 124,
Laws of 1865, as amended by Act No. 163, Laws of 1875, and Act No.
208, Laws of 1881.]
^"85. If a teacher is employed for a definite time, and, during the period
of his employment, the district officers close the schools on account of the
prevalance of contagious diseases, and keep them closed for a time, and the
teacher continues ready to perform his contract, he is entitled to full wages
during such period. The act of God is not an excuse for non-performance of
a contract unless it renders performance impossible ; if it merely makes it
difficult and inexpedient, it is not sufficient. Although under such circum-
stances it is eminently prudent to dismiss school, yet this affords no reason
why the misfortune of the district should be visited upon the teacher.
Dewey v. Union School District of Alpena, 43 Mich., 480.
^[86. The statute empowers the board of trustees of a graded school dis-
trict to employ all teachers necessary, and what teachers are necessary is left
to be decided by the sound discretion of the trustees. The making of a
contract with a teacher is within the authority of a board of trustees, and,
when made, neither the trustees nor the voters at an annual meeting have
power to impair its obligation. Tappan v. School District No. 1 of Carroll-
ton, 44 Mich., 500.
T87. In a suit by a teacher on a contract, the plaintiff is not bound to
produce the contract as proof of her certificate of qualification, and it is not
error to allow her to give parol proof that she has one. School District No.
1 of Manistee Township v. Cook, 47 Mich., 112.
T88. In an action by a teacher on a contract, where it was alleged as error
that the contract was allowed in evidence without proof that those who acted
for the school district in making it were not authorized, it was held that
this allegation did not sufficiently present the objection that the officers
of the district were not competent to bind it by a contract extending beyond
the current year, especially as there was evidence that the officers were in
possession and presumptively competent, and there was no evidence that
they were not authorized to employ teachers. Ibid.
^[89. A school teacher cannot be lawfully employed excepting at a meet-
ing of the board. Hazen v. Lerche, 47 Mich., 626.
1~90. A contract with a teacher, if signed by a majority of the board, is
presumptively valid on its face and admissible in evidence without further
proof. The payment by the assessor, without objection, of orders drawn on
him by the director and moderator for salary of teacher estops the district
from denying validity of contract under which such services were rendered,
and amounts to a ratification of the contract, and direct proceedings by the
district board are not essential to such ratification. Crane v. School District
No. 6 of Bennington Township, 61 Mich., 299.
^91. A teacher's contract is sufficiently executed if signed by the director
and assessor. Simultaneous signing is not necessary. Halloway v. School
District No. 9 of Ogden Township, 62 Mich., 153.
192. School district officers should know under what authority a teacher
assumes to act, and cannot, by failing to hold meetings, set up their own
DIGEST OF DECISIONS. 81
wrong as a defense to an honest claim. A contract signed by the required
number of officers, under which the teacher is permitted to teach with
knowledge of the entire board, will be presumed valid. A contract valid
on its face and fully performed, with acquiesence of all concerned, cannot
be repudiated. Ibid.
^[93. Although HowelFs Statutes 4969, declares that a certificate from
the state normal school shall serve as a certificate of legal qualification to
teach when filed in the county, city, township or district, failure to file it
until after making a contract to teach is no defense to an action for salary
earned after it was filed. Smith v. School District No. 2 of Pleasant Plains,
39 N. W. Kep., 567.
1"94. The general policy of the school law is that schools shall be taught
by qualified teachers, but necessities may arise where this cannot be done. A
district may be unable to find a qualified teacher. Where the employment
of an unqualified teacher is a necessity, the school district is authorized to
employ one who has not the proper certificate, if the school board are satis-
fied that the teacher is otherwise qualified, and to pay such teacher out of
the moneys belonging to the district. But the primary school moneys and
mill tax cannot be applied to that purpose. State ex rel. Hale v. Risley,
Moderator, 37 N. W. Rep., 570.
T95. Under HowelPs Statutes 5154, which provides that the secretary of
the board of school examiners shall have power to grant special certificates
of qualification to teachers, which shall not continue in force beyond the
next public examination by the board, the secretary has no power four days
after such examination, to grant a special certificate to a person who had
been teaching under a special certificate granted by the secretary, but who
failed to pass the public examination. Lee v. School District No. 2 of Alcona
Township, 38 N. W. Kep., 867.
^"96. The fact that a third person, at a public examination of teachers,
acted with a majority of the board of examiners in conducting the examina-
tion, does not invalidate the proceedings, and a person who failed to pass
cannot complain where it does not appear that such third person had any-
thing to do with her failure to get a certificate. Ibid.
VII.
LIABILITIES OF DISTRICTS.
f 97. The director of a school district is not legally entitled to compensa-
tion from the district for his services. Hinman v. School District No. 1, 4
Mich., 168. [NOTE. The law is since changed so as to authorize compensa-
tion to be voted by the district. General School Laws of 1889, 27.]
198. Where two districts are united under the statute, the new district i&
alone liable for all the former debts of each; and a judgment afterwards ren-
dered against one of the former districts is a nullity. Brewer v. Palmer, 13
Mich., 104.
^[99. Charts or cards containing the multiplication table, practical forms
of business contracts, and also brief mention of prominent historical events,
and designed for uee in school-rooms, are held not to be necessary appendages
for the school-house, within the meaning of the statute, such as the director
82 DIGEST OF DECISIONS.
is required to provide. Gibson v. School District No. 5 of Vevay, 36 Mich.,
404.
1100. There was no such necessity for the purchase of these charts as would
bring the case within the principles of School District v. Snell (See 1(103), 24
Mich., 350. Ibid.
1101. The purchase of these charts by the director, without instruction
from the district board, being unauthorized and void as to the district, his
retention of them, and occasionally placing them in the school-house, could
not operate as a ratification by the district of his unauthorized purchase.
Ibid.
1 102. Orders due from one district to another are not enforceable by man-
damus at the suit of one to whom they have been assigned. Maltz v.' Board
of Education, 41 Mich., 547.
1103. Where the officers of a school district purchased for the district a
set of bound books and some blanks, suitable for the purposes of the district,
at their fair value, and while the district was not properly supplied with such
materials, in the absence of any showing that the discretion of such officers
was abused or exceeded, the district is liable. School District No. 4 of Easton
v. Snell, 24 Mich., 350.
1104. One school district that has wrongfully received money belonging
to another cannot, in an action by the latter to recover it, require any strict
proof of the regularity of the proceedings authorizing it to be collected.
School District No. 9 of Midland v. School District No. 5 of Midland, 40
Mich., 551.
1105. Where a school district is parceled out among three other existing
districts, the latter cannot be held jointly liable for a debt of the former
district ; whatever they are bound to pay must be a several, and not a joint
obligation. Halbert v. School Dists., etc., 36 Mich., 421.
1106. The statute having confided the management of suits brought against
a school district to the assessor when no other direction has been given by the
voters in district meeting, the moderator and director, though constituting a
majority of the district board, have no authority to take the defense of a suit
from the assessor ; the control of suits is not among the powers or duties con-
fided by the statutes to the district board. School District No. 4 of Rush v.
Wing, 30 Mich., 351.
1107. The suggestion that the action of the assessor in this case was such
as to be evidence of an adverse interest is disregarded ; such a suggestion
might be made in any case where the assessor had refused to yield his legal
authority to another. Hid.
1"108. A judgment for costs against the district on the dismissal of an
appeal taken in the name of the district by the director, without the authority
or assent of the assessor, on the ground that the district had not appealed,
is held to be erroneous. Ibid.
^[109. Costs are not awarded against the school district in this court, on a
writ of error brought without authority of the assessor, to review such dis-
missal. Ibid.
1110. A mandamus will lie to compel a school district to pay orders issued
by it, even though the district has since been subdivided, where statutory
provision for distributing the original liability has not been carried out.
Turnlull v. Board of Education, 45 Mich., 496.
DIGEST OF DECISIONS. 83
Interest upon orders issued by a school district is denied upon grant-
ing a mandamus to compel their payment if no authority has been given to
impose it. Ibid.
VIII.
TUITION OF NON-RESIDENT PUPILS.
^[112. Before any action can be maintained under the statutes, for the
tuition of non-resident pupils, the district board must first fix and determine
the rate of tuition of such pupils; and this should be by resolution of the
board, properly recorded by the director in the records of the district ; and
the fact that such action has been taken, cannot be shown by parol, if
objected to. Thompson v. School District No. 6 of Crockery, 25 Mich., 483.
IX.
ADMISSION OF COLORED CHILDREN TO SCHOOL.
T113. The amendment to the primary school law of 1867 Laws of 1867,
vol. 1, p. 42 [General \School Laws of 1889, 45,] giving equal rights in
the schools to all residents, is applicable to the city of Detroit, and precludes
the board of education of that city from excluding a child from any public
school on the ground of color. People v. Board of Education, 18 Mich., 400.
X.
SCHOOL SITES AND SCHOOL-HOUSES.
1"114. Notice of a meeting of the board of school inspectors to change a
school-house site is necessary. Andress v. School Inspectors of Williams-
town, 19 Mich., 332. (See 1"! preceding.)
1"115. The board of inspectors have no power to change a school-house
site on a written request of a majority of qualified voters of the district
except in cases where the site has been fixed by them because the inhabit-
ants were unable to agree upon a site. Hid.
1116. The jurisdiction to condemn lands for a school-house site is invoked
by presenting to the proper officer a petition designating the site and show-
ing disagreement with the owner as to compensation for it. Smith v. School
District No. 2 of Milton, 40 Mich., 143.
T117. In proceedings to condemn land for a school-house site, the circuit
judge is not required to act in preference to a circuit court commissioner.
Ibid.
1118. When the owner of land that is sought for a school-house site is
represented at the proceedings to condemn it, he is deemed to waive objec-
tjon to jurors if he does not challenge them at the time. Ibid.
1"119. When the petition, notice, venire, finding and commissioner's cer-
tificate in proceedings to condemn land for a school-house site are regular
on their face, and show full compliance with statutory requirements, the
84 DIGEST OF DECISIONS.
proceedings are presumed regular, and if the parties interested were repre-
sented, and omit, on filing the proceedings, to inake a sworn showing to the
circuit court of any other defects such as an omission to designate the site
to the jury they cannot rely on it thereafter. Ibid.
^120. A school district contracting for the building of school-house
within a stated time, is bound to furnish a suitable site therefor within such
reasonable time that the constructors shall not be delayed on their part.
Todd et al. v. School District No. 1 of Greenwood, 40 Mich., 294.
T121. Under a contract for the construction of a school building, which
provides that the work shall be "executed in the best and most workman-
like manner, and agreeably to such directions as may be given from time to
time" by the architect or his assistant [the local superintendent of the work,
employed by the district], "and to his full and entire satisfaction, without
reference thereon to any other person ;" that all claims for alterations or
extras were to be judged of, determined, and adjusted "solely by the super-
intendent," and that payment should be made on the certificate of the archi-
tect, or superintendent, partly on monthly estimates, from time to time, and
the balance on completion of the building; whatever passed under the
inspection of the superintendent as the work progressed, and was in good
faith approved by him, expressly or by implication, was not open to objec-
tion on the part of the district afterwards ; and the certificate of the archi-
tect was not a condition precedent to the right of the contractor to recover
for the work so approved. Wilday v. Fractional School District No. 1 of
Paw Paw and Antwerp, 25 Mich., 419.
^"122. Variances from such a contract which have been treated at the time
as immaterial by both parties will not afterwards be held to be departures
from the contract ; and what was regarded at the time as substantial com-
pliance with its terms, constitutes a performance in law. Ibid.
^"123. Intentional departures from such contract, made without the con-
sent, express or implied, of the district officers, architect, or superintendent,
and in disregard of their directions, would not bar a recovery for other por-
tions of the work which were duly approved ; but the district would have a
right to insist on the proper changes in the work to make it conform to the
contract, and to recover any damages sustained by the failure. Ibid.
Ifl24. The mere fact of taking possession and occupying the building by
the district for their schools, after the time when, by the contract, it was to
be completed, would not, of itself, constitute an acceptance which should
bar any claim on the part of the district to insist upon a rectification of any
faults, or the payment of any damages they may have suffered by the fail-
ure in strict compliance ; but the fact of making payments afterward with-
out objection, the manner of taking possession, and whether with or without
objection to any variation, would have an important bearing on the question
of fact, whether any rights were intentionally waived, or whether there was
a purpose to accept the building as completed in substantial compliance with
the contract. Ibid.
T~125. Mandamus will not lie to compel a circuit judge to overrule his
finding that the proceedings taking for the condemnation of a site for a
school-house were irregular, and to compel him to enter judgment for the
amount found due. School District No. 5 of the Township of Delhi v. The
Circuit Judge for Ingham Coanty, 49 Mich., 432.
DIGEST OF DECISIONS. 85
Proceedings to condemn land for a school-house site will be quashed
if there is no lawful designation thereof shown by the records. Heck v.
School District No. 2 of Essex, 49 Mich., 551.
T127. -The school law (Act 164 of 1881) permits land to be condemned for
school purposes only when a site has been lawfully determined, and it con-
fines the power of the township inspectors to determine the site to cases
where the inhabitants themselves cannot do it. And it seems that more
than one site cannot be designated except by the inhabitants. Hid.
^[129. The justice to whom a petition for the condemnation of land for a
school-house site is presented, is not empowered to hear evidence or pass on
any of the merits. Hid.
^"130. Where proceedings to condemn land for a school-house site are
brought before a jury, proof of a legal selection of a site must be made to
them, and without it they cannot find it to be necessary to condemn it.
Ibid.
1[131. A lease to a school district, to hold the property " during the time
it is used for school purposes," is a lease in perpetuity at the will of the
lessee ; and as the lessee is a corporation, and words of inheritance are not
required, the lease, if a present consideration is paid, really operates as a
bargain and sale, and conveys a base or determinable fee. This is sufficient
to satisfy the provisions of the school law, which requires a title in fee or a
lease for ninety-nine years where land is to be secured for erecting a stone or
brick school-house. School District No. 5 of Delhi v. Everett, 52 Mich., 314.
T132. After the lapse of a dozen years it is too late to disturb the title to
a school-house site by mere questions of regularity in the proceedings to des-
ignate it. Ibid.
^[133. A surety on a bond given to secure the performance of a contract
for building a school-house cannot recover of the trustees of the district for
moneys due him for materials furnished in the erection of the building, by
reason of their failure to require the contractor to execute the statutory bond
provided for by act No. 94, Laws of 1883. Owen v. Hill et al, 67 Mich., 43.
1T134. Whether such trustees are liable in any event for such neglect of
duty, query, Sherwood and Champlin, J. J., holding them so liable, and
Campbell, C. J., and Morse, J., reserving their opinion on the subject. Ibid.
XL
GRADED AKD HIGH SCHOOLS.
^[135. The right of school authorities in union school districts of this State
to levy taxes upon the general public for the support of high schools, and
by such taxation to make free the instruction of children in other languages
than English, is sustained. Stuart v. School District No. 1 of Kalamazoo,
30 Mich., 69.
1136. A school district which has assumed to possess and exercise all the
rights and franchises of a regularly organized corporation for thirteen years,
with entire acquiescence of everybody, is not liable to have the regularity of
its organization, or of the legislation under which it acted, called in question
thereafter in a merely private and collateral suit. Ibid.
11
86 DIGEST OF DECISIONS.
1"137. Whether or not the statute of limitations applies in terms to a case
where it is not so much the organization of the school district that is ques-
tioned as its authority to establish a high school and levy taxes therefor, it
is strictly applicable in principle. Ibid.
1"138. The organization claimed and asserted by the district being that of
a union school district, the presumption of organization arising from its
user of corporate power must be that of such an organization as its user
indicates, and whether or not an acquiescence for the statutory period of
two years will raise the presumption of regular organization, one of thirteen
years certainly will. Ibid.
1139. The State policy of Michigan on the subject of education, and of
the territory before the State was organized, beginning in 1817 and continu-
ing down until after the adoption of the present constitution, having been
reviewed and considered, the conclusion is reached that there is nothing in
our State policy, or in our constitution, or in our laws, restricting the
primary school districts of the State in the branches of knowledge which
their officers may cause to be taught, or the grade of instruction that may
be given, if the voters of the district consent in regular form to bear the
expense and raise the taxes for the purpose, or to prevent instruction in the
classics and living modern languages in these schools. Ibid.
1"140. The power to make the appointment of a superintendent of schools
in a union school district is one that is incident to the full control which by
law the district board has over the schools of the district. Ibid.
T141. The decree below, dismissing the bill filed in this case to restrain
the collection of such portion of the school taxes assessed against the com-
plainants for the year 1872 as has been voted for the support of the high
school in the village of Kalamazoo and for the payment of the salary of the
superintendent, is affirmed. Ibid.
1142. The board of trustees of a graded school have authority to purchase
a piano for the purposes of a high school. Knabe et al. v. The Board of Edu-
cation of the City of West Bay City, 67 Mich., 262.
1"143. When the law gives the board of trustees power to prescribe the
course of studies, it gives them the authority to provide means to carry the
power into effect. Ibid.
XII.
LIBRARY MONEYS.
1144. The treasurer of the board of school inspectors, and not the town-
ship treasurer, is the proper custodian of the township library money ; and
the latter officer, on proper demand, is bound to pay it over to the former,
and is not entitled to withhold it until it is drawn by the inspectors as needed
for specific appropriations ; and mandamus will lie to enforce the perform-
ance of this duty. McPharlin v. Mahoney, 30 Mich., 100.
1 145. It is a sufficient ground for an application for mandamus to enforce
such payment, that the township treasurer, when an order was properly
drawn on him by the inspectors for such money, but for an amount slightly
in excess of the money in his hands, refused to pay over what he had, not
upon the ground that the order was too large a sum, but upon the distinct
assertion that he was himself tlie proper custodian of the funds, and was not
DIGEST OF DECISIONS. 87
bound to pay them over except as they were required by the inspectors foi
specific purposes. Ibid.
1"146. Under the constitution and statutes, all moneys which are paid into
the office of the county treasurer, on account of fines, penalties, forfeitures
and recognizances, are to be credited to the library fund, and apportioned
and paid over by the treasurer to the proper local officers, without any
deduction for expenses, either attending the collection of the particular sums
paid in, or embracing the general criminal expenses of the county. Board
of Education of Detroit v. Treasurer of Wayne County, 8 Mich., 392.
XIII.
MISCELLANEOUS.
1"147. A communication, representing that a certain person was of bad
moral character, and wholly unfit to teach and have the care of a district
school, made to a township superintendent by persons interested in a partic-
ular school within his jurisdiction, for the sole purpose of preventing the
issue to the person so charged of a license to teach the school, is held to be a
privileged communication, and not actionable. Wieman v. Mabee, 45 Mich.,
484.
^[148. An action will not lie on a communication relating to personal
character, if made in good faith and for an honest purpose by persons con-
cerned, and to the proper person. Nor will it lie when such a communica-
tion is untrue, if it is not maliciously made. Ibid.
1~149. A school director has authority, in the exercise of a sound discretion,
to buy new seats for a school-house under a resolution adopted at the annual
meeting of the school district "that the school board fix the school-house
ready for the winter term." McLaren v. Town Board of Akron, 48 Mich., 189.
1"150. Act 164 of 1881, in authorizing the removal of a school district
officer for illegally using or disposing of any of the public moneys entrusted
to his care, does not cover a charge of conspiring with a woman moderator
to hire her husband as teacher and pay him more than was necessary to
obtain a good teacher. Ibid.
1T151. If one of two parties claiming the office of moderator obtains a
judgment of ouster against co-claimant and is recognized by the director and
assessor, he becomes an incumbent of the office de facto, and his action will
be respected while in office. School District No. 8 of Tallmadge Township v.
Root, Town Treasurer, 61 Mich., 373.
1152. The practice of taking "informal ballots" at regular elections has
no legal sanction, may mislead voters and is open to grave abuse and is so
held when indulged in at annual school meeting. Ibid.
^"153. A line fence around the school-house site is a "necessary appendage"
within the meaning of the statute. "Appendages" under the school statutes,
includes fuel, fences, and necessary out-houses. The duty of the director to
provide the same is not confined to the school term. They should be on
hand when the school opens. It then becomes his duty to keep the same in
repair, as also the school-house. Greager v. School District No. 9 of Wright
Township, 62 Mich., 101.
1"154. Direction for the payment of primary school money apportioned by
88 DIGEST OF DECISIONS.
the superintendent of public instruction as between districts, if accompany-
ing the apportionment, cannot be altered or modified by the town clerk.
Moiles, Assessor v. Watson, Treasurer, &c., 60 Mich., 415.
^"155. Title of de facto officer will not be tried on application for manda-
mus. Ibid.
^[156. The mother of a child included in the school census of the district,
who had resided therein more than three months, and was more than twenty-
one years of age, was entitled to vote at a school meeting for school trustees,
though the constitution of Michigan limits the right of suffrage to males,
as the constitutional qualifications do not apply to officers for which the
legislature has the right to provide, among which are school trustees. Belles
v. Burr et al, 43 N. W. Eep., 24.
(NOTE This decision does not apply to cities whose charters provide that
school officers shall be voted for on the same ballot with other municipal
officers at a general election. See Mudge v. Jones, 59 Mich., 165.)
^157. A rule by a school board that "pupils who shall in any way deface
or injure the school building, out houses, furniture, maps or anything else
belonging to the school, shall be suspended from school until full satisfac-
tion is made" will not be enforced against a boy who accidentally breaks a
window glass. Such a rule will not be sustained where the act was done
merely through carelessness or negligence, but it must be wilful or mali-
cious to warrant suspension from school. Joseph H. Holman v. Trustees oj
District No. 5, Township of Avon. Opinion filed Nov. 8, 1889.
APPENDIX B.
FORMS FOR PROCEEDINGS UNDER THE SCHOOL LAWS.
NOTE. The following blank forms do not comprise a full set for all purposes under
the school laws. All furnished by the Superintendent of Public Instruction, together
with such as may be required in proceedings where the services of attorneys are
usually employed, and a few for which those published may be readily adapted, are
omitted. Officers are advised, when performing any duty to which these forms are
applicable, to use them in preference to others, as by this means uniformity of admin-
istration is secured, many mistakes will be prevented, and in time that which may now
seem complicated and obscure will be more generally understood.
FORM No. 1.
Notice by the Clerk of the Board of Inspectors to a Taxable Inhabitant of a District
at the Time of its Formation.
[See Compiler's Sections 9 and 10.]
To A .B :
SIR The board of school inspectors of the township of have formed
a school district in said township, to be known as district No , and bounded as
follows: [Here insert the description.]
The first meeting of said district will be held at on the day of
_. , 18 , at o'clock M., and you are instructed to notify
every legal voter of said district of the same, at least five days previous to said
meeting, either personally, or by leaving a written notice at his place of residence.
You will indorse on this notice a return, showing each notification, with the date or
dates thereof, and deliver the same to the chairman of said meeting.
Dated this.. day of , 18
(Signed,) ' C D ,
Clerk of the Board of School Inspectors.
FORM No. 2.
Notice of First Meeting when made in writing to be left at the house of every legal
voter.
[See Compiler's Sections 9, 10, and 24.]
ToC D :
SIR School district No , of the township of. , having been formed by
the board of school inspectors, you, as a legal voter in said district, are hereby notified
that the first meeting thereof will be held at , on the. day of
, 18-.., at o'clock M.
Dated this day of , 18...
(Signed,) A B
[The person appointed to give notice.]
-
FORMS FOR PROCEEDINGS.
FORM No. 3.
Endorsement upon the notice (Form No. 1} by Taxable Inhabitant.
[See Compiler's Sections 9, 10, 24, and 139.]
I, A B , hereby return the within (or annexed) notice, having notified the
qualified voters of the district, as follows :
NAMES.
DATE.
How NOTIFIED
A B January 1 , 1882 Personally.
C._ -_D_ " 1,1882 Written Notice.
E F '" 2,1882 Personally.
Dated this day of.. , 18...
(Signed,) A... B
FORM No. 4.
Notice by Township Clerk to Director, of Alteration in District.
[See Compiler's Section 18.1
To the Director of School District No , Township of :
SIR At a meeting of the board of school inspectors of the township of f
held , 18..., the boundaries of school district No , township of
, were altered in such manner that the territory of said district now
ineludes the following : [Here insert the description.]
Dated this day of , 18
(Signed,) C D. ,
Clerk of the Board of School Inspectors,
FORM No. 5.
Acceptance of Office by District Officers, to be filed with the Director.
[See Compiler's Sections 32, 108, and 140.]
I do hereby accept the office of in school district No ,
of the township of
Dated this day of , 18 ...
(Signed,) A B
FORM No. 6.
Assessor's Bond.
[See Compiler's Section 52.]
KNOW ALL MEN BY THESE PRESENTS: That W6, A B
of school district No , township of. , county of.
FORMS FOR PROCEEDINGS. 91
and State of Michigan, C. D and E_ F
fhis sureties], are held firmly bound unto said district in the sum of
[here insert double the amount expected to c. me into the assessor's hands], to be paid
to the said district ; for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors and administrators, jointly and severally, firmly by
these presents.
The condition of the above obligation is such that if the said
_ assessor as aforesaid, shall faithfully discharge the duties of his office
as assessor of said school district, and shall well and truly pay over to the person or
persons entitled thereto, upon the proper order therefor, all sums of money which
shall come into his hands as assessor of said district, and shall, at the expiration of his
term of office, pay over to his successor in office all moneys remaining in his hands as
assessor aforesaid, and shall deliver to his successor all books and papers appertaining
to his said office, then this obligation shall be void, otherwise of full force and virtue.
Sealed with our seals, and dated this day of 18__.
A B , [L.S.]
C D ...., |L. s.]
E F ...., [L. s.]
Signed, sealed, and delivered in presence of
We approve the within bond.
(Signed,) G H , Moderator.
J__ .. K__ ., Director.
FORM No. 7.
Notice of Annual Meeting.
[See Compiler's Sections 21, 23, and 48.]
NOTICE. The annual meeting of school district No , of the township of
, for the election of school district officers, and for the transaction of such
other business as may lawfully come before it, will be held at , on Mon-
day, the day of September [or July], 18. _, at o'clock _.M.
Dated this day of August [or July], 18...
(Signed,) A B , Director.
FORM No. 8.
Request to be made by five Legal Voters of a District to the District Board for a
Special Meeting.
[See Compiler's Section 22.]
To the District Board of School District No. (or to A B , one of the
District Board):
The undersigned, legal voters of school district No , of the township of
, request you, in pursuance of section 15 of chapter II of the
general school laws of 1889, to call a special meeting of said district, for the purpose of
Dated this day of , 18...
(Signed,) C D.
E F.
G-. H.
I.. K.
L.. __M.
92 FORMS FOR PROCEEDINGS.
FORM No. 9.
Notice of Special Meeting.
[See Compiler's Sections 22 and 23.]
NOTICE A special meeting of the legal voters of school district No. , in the
township of , called on the written request of five legal voters [or
called by the district board, as the case may be], will be held at , on the
." day of , 18.._, at .o'clock M., for the purpose
of [here insert every object that is to be brought before the meeting].
(Signed,) A B , Director.
FORM No. 10.
Order upon the Assessor for Moneys to be disbursed by him, with Receipt attached.
[See Compiler's Sections 48 and 52.]
Assessor of School District No , Township of :
SIR Pay to _ the sum of dollars out of any moneys
100
in your hands belonging to the [here insert name of fund on which order is drawn, as
4 ' teachers' wages," ** building," etc.] fund, on account of [here state the object tor
which the order was drawn].
Dated this day of , 18.. .
A B , Director.
[Countersigned :]
C D. , Moderator.
Received of E__ F , assessor of school district No , the amount
specified in the above order.
G-. -H.
FORM No. 11.
Warrant upon Township Treasurer for Moneys belonging to School District.
[See Compiler's Sections 48, 52, and 7*.]
Treasurer of the Township of :
SIR Pay to A_ B , assessor of school district No ..., in said
township the sum of _ dollars, out of [here insert the
ipo
particular fund], in your hands belonging to said district.
Dated at , this. day of 18
C. D , Director.
[Countersigned :]
E. F , Moderator.
FORM No. 12.
Certificate by District Board to Township Clerk, of District Taxes to be Assessed.
[See Compiler's Section 37.]
Clerk of the Township of. :
The undsrsigned. district board of school district No , township of.
do hereby certify that the following taxes have been voted by the qualified electors of
FORMS FOR PROCEEDINGS.
93
.said district, during the school year last closed, and estimated and voted by the district
board, under the provisions of law, viz :
For teachers' wages
For building purposes
For repairs
For paying bonded indebtedness.
For fuel
For library
For apparatus
For incidental expenses . _
For ._
Total $.
Which amounts you will report to the supervisor to be assessed upon the taxable
property of said district in accordance with the provisions of law.
Dated at , this day of , 18_._
A B , Moderator.
C D , Director.
E_. . F__ ., Assessor.
FORM No. 13.
Bond to be given by the Chairman of the Board of School Inspectors.
[See Compiler's Section 54.]
KNOW ALL MEN BY THESE PRESENTS: That we, A_ B the chairman
of the board of school inspectors of the township of , county of. ,
and State of Michigan, and C D and E F [his sureties]
are held and firmly bound unto the said township, in the sum of [here insert the sum of
double the amount to come into said chairman's hands, as nearly as the same can be
ascertained] for the payment of which sum well and truly to be made to the said town-
ship, we bind ourselves, our heirs, executors, and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if A B , chairman of the
board of. school inspectors, shall faithfully appropriate all moneys that may come into
his hands by virtue of his office, then this obligation shall be void; otherwise, of full
force and virtue.
Sealed with our seals, and dated this.. _.dav of , 18. ..
A B... , [L.s.1
C D , [L.S.J
E F , |L.S.]
Signed, sealed, and delivered in the presence of
I approve the within bond.
(Signed,)
, Township Clerk.
94 FORMS FOE PROCEEDINGS.
FORM No. 14.
Appointment of District Officers by District Board.
[See Compiler's Sections 30 and 108.]
The undersigned, members of the district board of school district No. _ _ ,.
township of , do hereby appoint A__ B
[director, moderator, or assessor, as the case may be] of said district, to fill the vacancy
created by the [removal, resignation , or death, etc. ] ol'C D ,
the late incumbent.
Dated this day of , 18
E. F , Moderator,
G-. .. H__ -., Assessor.
FORM No. 15.
Appointment of District Officers by School' Inspectors.
[See Compiler's Sections 30 and 108.]
The undersigned, school inspectors for the township of ._ _ , do hereby
appoint A B [director, moderator, or assessor, as the case may
be] of school district No , in said township ; the district having failed to elect.
Dated this day of , 18....
C_. ---- D. ,
E F ,
G H ..,
Board of School Inspectors.
FORM No. 16.
Notice of Meeting of Inspectors.
[See Compiler's Section 15.]
NOTICE. A meeting of the board of school inspectors of the township of
, will be held at , on the day of , 18..., at
o'clock M., for the purpose of [here insert every object that is to be brought before
the meeting, and if for the purpose of changing boundaries of districts, state the
alterations proposed.]
Dated this day of , 18....
A. B ,
Clerk of the Board of School Inspectors
FORM No. 17.
Certificate to be given to the Director of a School District, by the Board of School
Inspectors when they establish a Site.
[See Compiler's Section 89.]
The inhabitants of school district No , township of , having
failed, at a legal meeting, to establish a site for a school-house, the board of school
inspectors hereby certify that they have determined that the said site shall be as follows
[here insert description.]
Given under our hands this __ clay of ., 18
A.. B ,
C__ ... D ,
E. F... ,
Board of School Inspectors.
FORMS FOR PROCEEDINGS. 95
FORM No. 1
Warrant on the Township Treasurer for Library Moneys.
[See Compiler's Section 114.]
To the Treasurer of the Township of ........ , County of .....
SIR Pay to ............... , chairman of the board of school inspectors, the sum of
...... . ..... _ dollars, from the library moneys in your hands, or to come into your
100
hands, the same being for the support of the library of said township.
Dated at ..... _____ , this ...... day of ............ , 18 ____
A ...... _B
C .......... D._
Township Board of School Inspectors.
REMARK. In case one or more district libraries are established in a township the library moneys
due such districts are payable on the order of the district officer. (See Form No. 11.)
Notice by the Township Treasurer to the Township Clerk of Moneys to be Apportioned
to Districts.
[See Compiler's Sections 72 and 73.]
To the Clerk of the Township of , County of
SIR I have now in my hands for apportionment to the several school districts of this
township the following moneys:
Primary school interest fund $
Library moneys received from county treasurer
One mill tax
Surplus dog tax
District taxes
Special funds
Dated this day of , 18....
A... B ,
Township Treasurer.
96
FORMS FOR PROCEEDINGS.
FORM No. 20.
Notice by the Township Clerk to the Township Treasurer, of the Apportionment of
Moneys to Districts.
[See Compiler's Sections 63 and 64.]
To the Treasurer of the Township of , County of :
SIR Herewith find a statement of the number of children of school age in each
school district of this township, entitled to draw public moneys, and the amount of
moneys apportioned to each of said districts :
DISTRICTS.
No. of Children
in District.
Primary School
Interest Fund.
Library Moneys.
M
&
S
I
1
Surplus Dog-Tax.
District Taxes.
Special Funds.
1
1
s^
"3-2
P
District No. 1
$
1
$
$
$
$
8
District No. 2, fr'l
Total
$
$
9
|
$
$
$
Dated this -day of.
18.
B.
Township Clerk.
FORM No. 21.
Notice by the Township Clerk to Directors, of Moneys belonging to the Districts.
[See Compiler's Section 64.]
A B , Director of School District No , Township of :
SIR The amount of school moneys apportioned to school district No , township
of , is as follows :
Primary school interest fund $
Library moneys received from county treasurer
One-mill tax
Surplus dog-tax .
District taxes
Special funds .
Total
Dated this day of.
18.
Township Clerk.
FORM No. 22.
Certificate by the Township Clerk to the Supervisor, of District Taxes to be Assessed.
[See Compiler's Section 62. ]
Supervisor of the Township of , County of :
SIR 1 hereby certify that the following is a correct statement of moneys proposed to
be raised by taxation for school purposes in each of the several school districts of this
FORMS FOR PROCEEDINGS.
97
township, as the same appears from the reports of the district boards of the several
districts now on file in my office:
DISTRICTS.
For teachers'
wages.
For building
purposes.
For reoairs.
ja
ufj
S ^
^ 3}
1'
For fuel.
For library.
For apparatus.
For incidental
expenses.
1
1
District No. 1
$
$
$
$
$
$
$
$
$ -
$
District No. 2, f r'l.
Which amounts you will assess upon the taxable property of each of said districts in
accordance with the provisions of law.
Dated this day of , 18..,.
A B. ,
Township Clerk.
FORM No. 23.
Deed to School District.
[See Compiler's Section 35.1
KNOW ALL MEN BY THESE PRESENTS: That A B_ , and C D__ ,
his wife, of the township of , county of , and State of ,
party of the first part, for and in consideration of the sum of dollars,
100
to them paid by the district board of school district No , of the township of
._., county of , and State of Michigan, the receipt whereof
is hereby acknowledged, do hereby grant, bargain, sell, and convey to school district
No aforesaid, the party of the second part, and their assigns forever, the
following described parcel of land, namely [here insert description] : together with all
the privileges and appurtenances thereunto belonging, to have and to hold the same to
the said party of the second part, and their assigns, forever. And the said party of the
first part for themselves, their heirs, executors, and administrators, do covenant, grant,
bargain and agree, to and with the said party of the second part, and their assigns,
that at the time of the ensealing and delivery of these presents they were well seized
of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible
estate of inheritance in the law, in fee simple, and that the said lands and premises are
free from all encumbrances whatever; and that the above bargained premises, in the
quiet and peaceable possession of the said party of the second part, and their assigns,
against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, they will forever warrant and defend.
In witness whereof, the said A B , and C D , his wife,
party of the first part, have hereunto set their hands and seals, this day
of , 18....
A.. B , [SEAL.]
C D , [SEAL.J
Signed, sealed, and delivered in presence of
E F
98 FORMS FOE PROCEEDINGS.
STATE OF , )
County of } bk
On this day of in the year one thousand eight hundred and
, before me, I._ K , a , in and for said county,
personally appeared, , and , his wife, to me known
to be the same persons described in and who executed the within instrument, who
severally acknowledged the same to be their free act and deed.
Witness my hand and official seal, the day and year last above named.
I K , [SEAL.]
FORM No. 24.
Lease to School District.
[See CompilerXSection 35.]
KNOW ALL MEN BY THESE PRESENTS: That A .......... B .......... , of the town-
ship of .......... - - , county of ............. , and State of .................. , of the first
part, for the consideration herein mentioned, does hereby lease unto school district
No ......... , in the township of ...... . ..... , county of ............ , and State of Michi-
gan, party of the second part, and their assigns, the following parcel of land, to wit :
[Here insert description] with all the privileges and appurtenances thereunto belong-
ing; to have and to hold the same for and during the term of ______ years from the .....
day of ............ , 18 _ . .. And the said party of the second part, for themselves and
their assigns, do covenant and agree to pay the said party of the first part, for the
said premises, the annual rent of . . .......... dollars.
In testimony whereof, the said parties have hereunto set their hands and seals, this
............ day of ............ , 18 ____
A ............ B ............ [SEAL.]
Lessor.
C ______ ..... D_...
E ______ ...... F. . ......... , HSEAL.]
District Board of School District No ..... of the aforesaid Township.
Signed and sealed in the presence of
I ............ K ......... ....
FORM No. 25.
Contract for Building a School-House.
[See Compiler's Section 35.]
Contract made and entered into between A B , of the township of
, in the county of , and State of Michigan, and C D ,
E F , and G H , composing the district board of school
district No , of the township of , in the county of , and State of
Michigan, and their successors in office.
In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby
acknowledged, and of the further sum of dollars, to be paid as hereinafter
specified, the said A B hereby agrees to build a.. school-house,
and to furnish the material therefor, according to the plan and specifications for the
erection of said house, hereto appended, at such point in said district as said district
board may designate. The said house is to be built of the best material, in a substan-
FORMS FOR PROCEEDINGS. 99
tial, workman-like manner; and is to be completed and delivered to the said district
board or their successors in office, free from any lien for work done or material fur-
nished, by the -------- day of ......... 18__. And in case the said house is not finished
by the time herein specified, the said A -------- B ........ shall forfeit and pay to the
said district board or their successors in office, for the use of said district, the sum of
........ - ...... dollars, and shall also be liable for all damages that may result to s dd
district in consequence of said failure.
The said district board or their successors in office, in behalf of said district, hereby
agree to pay the said A ..... _ . . B ...... the sum of .......... dollars when the founda-
tion of said house is finished ; and the further sum of ................. dollars when the
walls are up and ready for the roof; and the remaining sum of ............ dollars when
the said house is finished and delivered as herein stipulated.
It is further agreed that this contract shall not be sub-let, transferred or assigned
without the consent of both parties.
Witness our hands this ........ day of ..... .. ..... , 18. .
A ......... ... B ............ ,
Contractor.
C _________ .. D__
District Board.
FORM No. 26.
Contract between District Board and Teacher.
[See Compiler's Sections 38, 40, 56, 109, and 128.]
It is hereby contracted and agreed between the district board of school district No
in the township of .., county of .., and State of Michigan, and A
B , a legally qualified teacher in said township, that the said A B__
shall teach the school of said district for the term of months, commencing on
the. ...day of.. , 18...; and the said A B agrees to faith-
fully keep a correct list of the pupils, and the age of each attending school, and the
number of days each pupil is present, and to furnish the director of the district with a
correct copy of the same at the close of the school; and to observe and enforce the rules
and regulations established by the district board.
The said district board, in behalf of said district, agrees to keep the school-house in
good repair, to provide the necessary fuel to keep the school-house in comfortable con-
dition, and to pay said A B for the said services as teacher, to be faith-
fully and truly rendered and performed, the sum of dollars per month, the
same being the amount of wages above agreed upon, to be paid on or before the
day of... , 18-.: Provided, That in case said A B... shall be dismissed
from school, by .the district board, for gross immorality, or violation of this contract,
or shall permit h... certificate of qualification to expire, or shall have said certificate
annulled or suspended by the county board of school examiners, or other lawful
authority, h._ .shall not be entitled to any compensation from and after such annull-
ment, suspension or dismissal.
In witness whereof, we have hereunto subscribed our names, this day of
,18
C... D ,--.-, )
E F , } District Board.
G H , )
A.. . B__ , Teacher.
100
FORMS FOR PROCEEDINGS.
,
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18
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APPENDIX O.
RULES FOE SCHOOL LIBRARIES.
NOTE. The following regulations for the management of school! libraries are pre-
pared in accordance with the provisions of compiler's sections 3 and 115 of the general
school laws. As given, these rules are suitable for township libraries ; if it be desired
to adapt them to the needs of district libraries, a few slight changes, which are readily
apparent, will be necessary.
1. The librarian shall have charge of the library, and keep a catalogue of
all the books belonging to the library, in a book to be provided for that pur-
pose.
2. Every volume in the library shall have pasted on the inside of the cover
a printed label, giving the name of the township, the number of the volume,
and the fine for not returning it within the specified time, and for the loss of
or injury to any book.
3. Every volume loaned shall be entered by the librarian in a book to be
provided for that purpose, by its catalogue number, with the day on which it
was loaned, the name of the borrower, and the name of the person to whom
it is charged (see regulation 5), the date when returned and condition of the
book, and the fine assessed for detention or injury to the book, as in the
following form:
Date of
Delivery.
No. of book
Delivered.
To whom
Delivered.
To whom
Charged.
When
Returned.
Condition
when
Returned
Fine for
Detention.
Fine for
Injury.
.
4. No person shall be allowed to have more than one volume at a time, or
to retain the same longer than two weeks ; nor shall any person who has
incurred a fine imposed by these regulations, receive a book while such fine
remains unpaid.
5. Books may be loaned to minors and charged to their parents, guardians,
or other persons with whom they reside, who shall be responsible for the
books under these regulations.
13
102 EULES FOR SCHOOL LIBRARIES.
6. On the election of a librarian, his predecessor shall, within ten days
thereafter, deliver to him all the printed and manuscript books, pam-
phlets, papers, cases and all other property belonging to the library which was
in his custody, for which the librarian shall give him a full receipt, discharg-
ing him from all responsibility therefor, except in the case herein provided;
and on receiving the library property, the librarian shall carefully examine
all books and other property appertaining to the library, and if any loss or
injury shall have been sustained, for which a fine has not been imposed by
his predecessor, or for which a fine has been imposed but not certified by
him to the treasurer of the board of school inspectors, the librarian shall
certify the amount thereof to said treasurer, who shall collect the same of
such predecessor in the same manner as other fines are collected.
7. In case of vacancy in the office of librarian, the township clerk shall
perform the duties of librarian until the vacancy is filled.
8. If any person, having held the office of librarian, shall neglect or refuse
to deliver to his successor all the library property, as prescribed in the sixth
regulation, the treasurer of the board of school inspectors shall forthwith
commence an action in the name of the township for the recovery of the
property he shall so neglect or refuse to deliver.
9. On the return of every book to the library, the librarian shall examine
it carefully, to ascertain what injury, if any, has been sustained by it, and
shall charge the amount of the fine accordingly.
10. The following fines shall be assessed by the librarian as herein pro-
vided:
First, For detaining a book beyond two weeks, five cents per week;
Second, For the loss of a volume, the cost of the book, and if one of a set
an amount sufficient to purchase a new set ;
Third, For a leaf of the text torn out or lost, or so soiled as to render it
illegible, the cost of the book ; and if one of a set the cost of a new set ;
Fourth, For any injury beyond ordinary wear, an amount proportionate to
the injury, to be estimated by the librarian, subject to revision, upon appeal,
by the board of school inspectors;
Fifth, Whenever any book shall not be returned within six weeks from
the time it was loaned, it shall be deemed to be lost, and the person so
detaining it shall be charged with its cost in addition to the weekly fine for
detention, up to the time such charge is made. But if the book be finally
returned, the charge for loss shall be remitted ; and the fine for not return-
ing the book shall be levied up to the time of such return : Provided, That
in no case shall the amount of weekly fines exceed double the cost of the
book.
11. On the third Monday of August, November, February, and May, and
also immediately before he vacates his office,the librarian shall report to the
treasurer of the board of school inspectors the name of every person liable
for fines, and the amount each of such persons is liable to pay; and said
treasurer shall immediately proceed to collect the same, and if not paid, he
shall forthwith bring an action in the name of the township for the recovery
thereof.
KULES FOE SCHOOL LIBRARIES. 10a
12. The library fines collected shall first be applied to the replacing of
lost volumes, binding pamphlets, and rebinding such books as may require
it.
13. On the first Monday of September in each year, the librarian shall
report to the township board of school inspectors as follows :
First) The number of volumes in the library;
Second, The number of volumes purchased during the year ;
Ttiird, The number of volumes presented during the year ;
Fourth, The number of volumes loaned during the year [counting each
volume once for each time it is loaned] ;
Fifth, The amount of fines assessed ;
Sixth, Such other items as the board of school inspectors may require for
their annual report to the superintendent of public instruction.
INDEX.
ABSTRACTS : PAGE.
of school inspectors' reports, 1 8
ACCEPTANCE OF OFFICE:
filed with and recorded by director, 32, 108 17,40
neglect to file vacates office, 29 IT
penalty for failing to file, 139 51
ACCOUNTS :
of director, 13, 109 21,40
inspector?, 57 26
members of board of school examiners, 135 49
ACTION :
against school districts, 82-88 32-33
relative to obtaining site, 89-103 33-37
ADJOURNMENTS :
of district meeting, 27 15
proceedings to obtain site, 99. 36
ADMISSION OF PUPILS :
non-resident, 16 21
resident, i5 21
to high school, 109 40
AGE :
school, 45 . ^__ 31
at which education is compulsory, 180 - 59
AGENTS FOB SCHOOL BOOKS, ETC. :
officers, superintendent?, and teachers not to act as, 146 53
AGRICULTURAL SCHOOL:
to be provided, con. prov., art. xiii., sec. 11 ". -
ALIENS :
not eligible to office, 31 _ 17
ALTERATION :
in boundaries of districts, 15-18 11-13
graded school districts, 110 41
of school-house sites, 89 33
(See School Districts; a?so, Township Board of Inspect ors.)
ANNUAL MEETINGS:
(See District Meeting*.)
ANNULMENT OF CERTIFICATES:
by county board of school examiner?, 130 47
State board of education, 165, 166, 163 57
APPARATUS :
director not to purchase unless authorized, 18
tax may be voted for the purchase of, 827 1*
106 INDEX.
PAGE.
APPEAL :
from inspectors to township board, 104-100 38-39 1
APPENDAGES TO SCHOOL-HOUSE :
tax may be voted for procuring, 27 15
to be provided by director, 48 22
APPOINTMENT :
of building committee, 27 1&
conductor of teachers 1 institute, 157 ... 55
clerk of meeting in director's absence, 27 15
deputy superintendent of public instruction, 2 8
district officers in case of vacancy, 30 17
trustees in case of vacancy, 108 40
first meeting of a district, 9 10
librarian of township library, 116 42
member of board of school examiners in case of a vacancy, 136 50
person to take school census, 49 22
State officers, in case of vacancy, con. prov., art. viii.,sec. 3 5
truant officers, 188 61
APPORTIONME:ST :
of library moneys, 122 43
moneys collected in fractional districts, 74 CO 5
on division of a district, 71 29
raised by taxes, 64 27
to districts by township clerk, 63 27
one-mill tax, 66 28
primary school interest fund, 1-6 9
county clerk's duties, 76 30
treasurer's duties, 77 30
property on division of a district, 19,20 12
tax assessed before and collected after division of district?, 71 29
township treasurer's duties in relation to, 64
ASSESSMENT OF TAXES :
(See Taxes.)
ASSESSOR
acceptance of office, 32, 108 17, 40
a member of district board, 33 17
board of inspection at election to vote bonds, 78 31
and moderator to audit director's accounts, 48 22
bond required, 52 24
election and term of office of, 28, 108 16,40
maybe removed from office, 145 -
money paid to from old district, 67 ., 28
penalty for neglecting duties, 139 51
summons to be served on, in suits, 83
to appear for district in suit?, 52 24
certify judgment against district to supervisor, 85-87 32
collect damages from township clerk or supervisor, 144 51
keep record of receipts and expenditures, 52 2
pay orders, legally drawn, from proper funds, 53 24
report to district board receipts and disbursements, 52 24
warrants on township treasurer payable to, 48
(See District Board ; also,, Moneys.)
ASSOCIATIONS :
teachers may form, 169 58-
ASYLUMS:
for deaf, dumb, and blind, con. prov., art. xiii., sec. 10
INDEX. 107
PAGE.
ATTACHMENT :
to enforce attendance in certain proceedings, 93 34
ATTENDANCE :
of jurors and witnesses on certain proceedings, 93 34
BALLOT :
election of officers to be by, 28, 107 16, 39
BLIND :
institution for, con. prov., art. xiii,sec. 10 7
BOARD, DISTRICT :
(See District Board.)
BOARD OF EDUCATION :
(See State Board of Education.}
BOARD OF INSPECTION:
at election to vote on issuance of bonds, 78 31
BOARD OF INSTRUCTION :
of State normal school may grant certificates, 165, 166 57
BOARD OF REGENTS:
of university, con. prov., art. xiii, sec. 7 6
BOARD OF SCHOOL EXAMINERS :
(See County Board of School Examiners.)
BOARD OF SCHOOL INSPECTORS:
(See Township Board of School Inspectors.)
BOARD OF TRUSTEES IN GRADED SCHOOL DISTRICTS :
consent of, to be obtained to alteration in district, 110 41
election and term of office of, 107 39
officers of , 108 40
powers and duties of, 109 40
vacancy in, how filled, 10$ 40
(See District Board; also, Graded School Districts.)
BOARD, TOWNSHIP:
(See Township Board.)
BOARDS :
when authorized to examine teachers, to collect fees, 154 54
BOND:
liability of county treasurer on, 96 35
of appellants from inspectors' action,l!05 38
assessor, 52 24
chairman of board of school inspectors, 54 25
secretary of county board of school examiner?, 126. 45
BONDS :
election to vote on issuance of, 78 31
limitations of , 78 31
may be issued for money borrowed, 79 31
paid by issuing further bonds, 81 32
tax may be votedlto redeem, 80 32
BOOKS, LIBRARY :
(See Libraries.)
BOOKS OF RECORDS:
(See Records.)
BOOKS, SCHOOL :
(See Text Books.)
BOUNDARIES OF DISTRICTS :
alterations in, 115-18 11-12
described in first notice, 9 10
map to be made showing, 61
of graded school districts, 110 41
(See School Districts ; also, Township Board of School Inspectors.)
108 INDEX.
PAGE.
BILDING COMMITTEE:
voters may appoint andfprescribe duties, 27 15
BITILDINGS :
(See School-Houses.)
BY-LAWS :
(See Regulations.)
CENSUS OF SCHOOL DISTRICTS:
when and how taken, 49
time of taking not to be changed, 21 13
CERTIFICATE :
of court in proceedings to obtain site, 94 35
inspectors on establishing site, 89 33
instruction in physiology, etc , to be filed by teacher, 42
copy to belfiled by director with township clerk, 42 .. 20
to supervisor, of taxes to be assessed, 62, 68 26,28
township clerk of district taxes, 37 18
CERTIFICATES OF QUALIFICATION TO TEACHERS:
fee to be paid on obtaining, 154 54
given by county board of school examiners, 128, 129 45, 46
State board of education, 168 57
normal school, 165 57
grades of, and requisite qualifications to obtain, 129 46
list of teachers having, to be furnished township clerks, 133 48
necessity of having to entitle to pay, 40, 56 19,25
record of, to be kept by secretary of board of examiners, 133 48
revocation or suspension of, 130 47
CHAIRMAN : \
of board of school! examiners, 126 ^. 44
inspectors, 53 25
compensation of, 135 49
duties relative to election^of school examiners, 8125 44
duties relative to supervision of school?, 134 48
to give bond, 54 25
first meeting of district, 9, 138 10,51
meeting may arrest disorderly person, 26
be appointed in absence of moderator 27 15
to give oath to challenged voter, 25 14
CHALLENGE .
of voter at district meetings, 25
juror in proceedings to obtain site, 93 34
CHILDREN :
census list of, 49
compulsory education of, 180-194 - 59-64
(See Pupils.)
CLASSIFICATION OF PUPILS:
(See Pupils.)
CLERK :
of board of school inspectors, 53,59 25,26
county. (See County Clerk.)
district, director to be, 48 21
township. (See Township Clerk.)
COLLECTION :
of damages for not reporting and assessing taxes, 144
fines for injuring library books, 115
institute fees from teachers, 154 54
judgment against district, 84-88 '-- 32-33
penalties, 141-144 . 51
taxee, 65-74... 27-30
NDEX. 109
PAGE.
-COMMITTEE ON BUILDING :
voters may appoint and prescribe duties, '27 15
'COMPENSATION :
for site determined by jury, 94 35
of chairman of board of school inspectors, 135 49
inspectors, fov meetings, limited, 58 26
members of county board of school examiners, 135 49
officers and jurors in proceedings to obtain site, 102 37
in school districts, 27, 109 15,40
secretary of county board of school examiners, 135 49
teachers, 40, 109 19,40
-COMPULSORY EDUCATION :
age at which compulsory, 180 59
certificate of director, 181, 196 60,64
child temporarily discharged from work to be sent to school, 182 60
children to be sent to reformatory institutions, 192 63
children not to be employed to labor in certain cases, 181, 192 60, 64
establishment of ungraded schools, 187 61
incorrigible children in graded schools to be sen t to ungraded, 187 61
judge may suspend sentence in certain cases, 192 63
length of time to be sent to school, 180, 196 59,64'
penalty for failure to comply with law, L84, 192 60, 63
proceedings in case of violation by corporations, 186, 200 61, 65
school boards to furnish books in certain cases, 183, 193 60, 63
who are truants under this act, 189 62
CONDUCTOR:
of teachers' institutes, 157 55
CONSOLIDATION OP DISTRICTS :
(See School Districts ; also, Township Board of School Inspectors.)
CONSTITUTIONAL PROVISIONS :
agricultural school, art. xiii, sec. 11 7
districts may be deprived of public moneys, art. xiii, sec. 5 6
escheats of lands to the state, art. xiii, sec. 3 6
free schools to be maintained, art. xiii, sees. 4, 5 6
Institutions for deaf, dumb, and blind, art. xiii, sec. 10 7
libraries to be provided, art. xiii, sec. 12 '. 7
regents of the university, art. xiii, sees. 6-8 6
school funds, art. xiii, sec. 2 5
state board of education, art. xiii, sec. 9 7
officers to be elected, art. viii, sec. 1 5
term of office, art. viii, sec. 2 5
vacancy in office, how filled, art. viii, sec. 3. 5
where to keep office?, art. viii, sec. 1 5
CONTRACT :
with teachers, 40, 109 W,
CORPORATE POWERS:
of districts, 14
teachers 1 associations, 171 58
-CORPORATIONS :
teachers may form, 169-171 58
subject to provisions cf compulsory law, 181
proceedings against, in case of violation of compulsory education law, 186, 200 61, 65
-COUNTY BOARD or SCHOOL EXAMINERS :
compensation of members of, 135
county clerk's duties in relation to election of, 125
duties of secretary of board, 133
election and term of office of, 125
grades of certificates issued by, 129
110 INDEX.
COUNTY BOARD OF SCHOOL EXAMINERS (Continued) :
may hold special meetings, 132 47-
suspend or revoke certificates, 130 47
removal of, from office, 136 50-
schedule of meetings for examinations to be published, 127 45
to elect secretary of board, 126 44.
file oaths of office, 125 44
hold joint meetings with inspectors, 131 47
meetings for examination of teachers, 128 45
to whom certificates may be granted, 123 45
vacancies in board, how filled, 138 50
what schools exempt from supervision of, 137 50
when officers in certain districts may examine teachers, 137 50
to organize as a board, 126 44
(See Chairman of Board of Inspectors; also, Secretary of Board of Examiners.)
COUNTY CLERK :
duties in proceedings to obtain site, 97 36
relation to apportionment of moneys, 76, 121 30, 43
election of school examiners, 125 44
election of secretary of board of examiners, 126 45
inspectors' reports, 76, 142 30, 51
to draw order on county treasurer for institute moneys, 158 55
receive and dispose of communications, etc., sent by state superintendent, 75 30
COUNTY INSTITUTES :
(See Teachers' Institutes.)
COUNTY TREASURER :
liability on bond, 96 35
money for site deposited with, 96, 101 35, 37
statements! apportionment filed with, 76, ] 21 30,43
to apply to state treasurer for certain moneys, 77 30
apportion library moneys, 122 43
notify township clerk and treasurer of moneys, 77 30
to pay teachers' institute fund on order of clerk, 158 55
township treasurer township moneys, 77 30
set apart institute fees as institute fund, 155 54
vouchers for payments at teachers' institutes filed with, 161 . 56
COURSE OP STUDY :
to be prescribed for schools, 42, 109 " 20, 40
CRIMES AND OFFENSES :
disturbing district meeting, 26 14
school, $44 20
illegal use of moneys, 178 59
(See Penalties.)
DAMAGES :
to be collected from certain officers for neglect of duties, 144. 51
books in libraries, 115 42
DEAF, DUMB, AND BLIND :
institutions for, con. prov., art. xiii, sec. 10
DECISIONS OF SUPREME COURT :
(See Digest of Supreme Court' Decisions.)
DEED:
to school-house site, 35 18
DELIVERY OF BOOKS, ETC., TO SUCCESSOR IN OFFICE :
by assessor of district, 52 24
director of district, 48 22
superintendent of public instruction 7 - 9
INDEX.
DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION:
appointment and duties of, 2 8
DIAGRAM :
(See Maps.)
DIGEST OF SUPREME COURT DECISIONS : (A ppendix A.)
admission of colored children to school, 1113 8$ ;
appeals from, action of inspectors, Vlfo-ll 71-72
district moneys, warrants and orders, 1150-78 76-79
graded and high school districts, 11135-143 85-86
liabilities of school districts, 1197-111 81-83
library moneys, 11144-146 86-87
miscellaneous, 11147-157 87-88
organization of school districts, 1125-49 73-76
powers of board of school inspectors, 111-4 :..' 71
township board, 1112-24 72-73
school sitesand school-houses, 11114-134 83-85
teachers' contracts and certificates, 1179-96 79-81
tuition of non-resident pupils, 1112 83'
DIPLOMAS :
to graduate of the state normal school, 165, 166 57
DIRECTOR :
acceptance of office, 32, 108 17, 40
accounts of, 48, 109 22,40-
a member of district board, 33 IT
board of inspection at election to issue bonds, 78 31
and moderator to certify payments to supervisor, 67 28-
approve bond of assessor, 52 24?
execute bonds of district, 79 31
appo.'ntment of, in case of vacancy, 30 17
clerk in absence of, 27 15
election and term of office of, 2?, 1U8 , 16,40
of fractional district, to whom to report, 51
judgment certified to, by assessor, 85 32
may be removed by township board, 145 52"
penalty for neglect to accept office or perform duties, 139 51
reports of, to be filed with township clerk, 50 23
record of, relative to organization of district, 13 11
to be clerk of district, 48 21
furnished with register of school, 10
notified of alterations in district, 18 12
moneys to be apportioned, 64 27
site fixed by inspector?, 89
draw and sign warrants and orders, 48
file census list with township clerk, 49
certificate of instruction in physiology, etc., with township clerk, 42 20-
give certificate of compliance, 181, 196 60i 64
notices of meetings, 48
have custody of school-house and property, 41
keep account of expenses, 48
school-house in repair, 48
make reports to inspectors, 50
present estimates to annual meeting, 48
warrants and orders to moderator to be countersigned, 48.
provide appendages to school-house, 48
record acceptances of offices, 32
notice of first meeting, 9
take annual school census, 49 -
(See District Board.)
INDEX.
PAGE.
DISORDERLY PERSONS :
to be taken into custody, 26 -' 14
juvenile, who constitute, 189, 203 , 62,65
DISTRIBUTION OF MONEYS:
(See Apportionment.)
DISTRICTS, SCHOOL :
(See School .Districts.)
.DISTRICT BOARD:
acceptance of office by members, 32, 108 17,40
appointment to vacancy in, 30, 108 17, 40
director to be clerk of, 48 21
election and terms of office of members, 28,107 16,39
may admit non-resident pupils, 46 21
appoint persons to take school census, 19
classify pupils, 45, 109 21, 40
determine certain matters when meeting fails, 27 15
donate or sell library books to township library, 124 44
fix rates of tuition to non-resident pupils, 46 21
suspend qr expel disorderly pupils, 44 20
to apply for jury in suit to obtain site, 90 33
moneys according to law, 38 18
build, hire or purchase school-house, 35 18
call meetings of district, 22 13
establish rules, etc., for school, 44 20
estimate amount for support-of school, 36 -
have care of school-house and property, 11 19
management of district library, 118 42
hire teachers, 40, 109 19,40
make statement of finances to annual meeting, 39 19
not pay money to unqualified teachers, 38 .. 19
prescribe text-books and ccftirses of study, 42 20
provide for instruction in physiology, etc., 42 20
school, 27 15
purchase books for indigent children, 43,183,193 20,60, 63
or lease site for school-house, 35 18
report taxes to be assessed, 37 19
sell site or property of district when not needed, 35 18
trustees in graded school districts, 107-110 39-41
vacancy in, how filled, 30, 108 17,40
what to occasion, 29 17
when may issue bonds, 79 31
to exclude public meetings from school-house, 41 19
who are eligible to office in, 31 ; 17
to constitute, 33, 107 17,39
(See District Officers.)
DISTRICT LIBRARIES :
(See Libraries.)
DISTRICT MEETINGS :
annual, board to make financial report to, 39
estimates of expenses to be presented to, 48
in case of failure, what board to determine, 27 16
powers of, 27,107 15,39
when to be held, 31 13
challenging votes, 25 14
clerk and chairman may be appointed in absence of director and moderator, 27 15
director to give notice of, t8... 22
INDEX. 113
DISTRICT MEETiNGS^Cbntinwed) :
disorderly persons at, 36 H
election of officers, 28, 107... 16,39
formation of a new district, 9 10
limit of taxes that may be voted, 27 15
may vote on issuance of bonds, 78 31
tax to pay money borrowed, 80 32
moderator to preside, 47 21
notice of, what to specify, 32,23 13
proceedings to be recorded, 18 22
special, may be called, 22 13
notice to indicate the business, 22.... , 13
to determine useof school-house, 11 19
direct sale of property, 27 16
fill vacancy in district office, 30 17
give directions regarding suits, 27 16
voters at, when challenged, 25 14
may designate site, 89 33
who are, 24 13
DISTRICT OFFICERS :
acceptance of office, 32,108 17,40
appointment of, 30, 108 17,40
compensation of, 27, 48 15,22
election and terms of office of, 28, 107 16,39
may be removed by township board, 145 52
penalty for neglect to acceptor perform duties, 139. 51
who are eligible to election to office, 31 17
(See Assessor ; Director; Moderator; also, District Board.)
DISTRICT SCHOOLS :
(See Schools.')
DISTRICT TAXES :
(See Taxes.)
DISTURBING DISTRICT MEETING OR SCHOOL :
penalty for, 26, 44 I*' 20
DIVISION OF DISTRICT :
(See School District?; also, Township Board of Inspectors.)
DOG TAX, SURPLUS OF :
apportionment of, to school districts, note -
EDUCATION :
constitutional provisions, art. xiii, sees. 1-12 5-7
ELECTION :
if not held, inspectors to appoint officers, 30, 108 17,40
of district officers, 28, 108 I 6 ' 40
members of county boards of school examiners, 125
state board of education, con. prov. , art. xiii, sec. 9
state officers, con. prov., art. viii, sec. 1
regulations at election to vote on issuance of bonds, 78
who are eligible to election to office, 31, 153 W 54
legal voters at elections, 24
ELECTORS :
who are qualified, 24
ELIGIBILITY TO OFFICE :
in districts, 31
townships, 153
EMPLOYMENT :
of officers, etc., 109
persons to take school census, 49
teachers, 40, 109 19 ' 40
114 INDEX.
PAGE.
ENGLISH LANGUAGE:
instruction to belconducted in. con. pro v., art. xiii, sec. 4 .................................. 6
ENUMERATION OF CHILDREN :
(See Census.)
EQUALIZATION or TAXES :
by supervisors, 68 ............................................................................. 29
ESTIMATES :
of amounts to be raised by tax, 36, 48 ....................................................... 18. 22
EVIDENCE :
in proceedings to obtain site, 90 .............................................................. 33
of organization of district, 13 ..................................... . .......................... 11
regularity in proceedings to remove officers, 145 ........................................ 52
;EX AMI NATIONS:
of applicants for State certificates, 168 ...................................................... 57
inspectors 1 reports by secretary board of examiners, 133 ................ ............... 47
proposed site by jury, 94 ................................................................. 35
teachers by county board of examiners, 127, 128 ........................................ 45
officers in certain districts, 137 .............................................. 50
state board of education, 168 ................................................ 57
fees to be collected, 154 .......................................................... 54
meetingsfor, 127 ................................................................ 45
question*" for examination of teachers, 128 .................................................. 4H
EXAMINERS :
of teachers to collect fees, 154 ................................................................ 54
to pay fees to county treasurer, 154 .......................................................... 54
(See County Board of School Examiners.)
EXECUTION:
not to issue against school district, 84 ....................................................... 32
.EXPENSES:
estimate of, to be presented at annual meeting, 48 ......................................... 22
incidental, estimated by board, 36 ........................................................... 18
of director, how paid, 48, 109 ................................................................ 22,40
inspectors limited, 58 ...................................................................... 26
State institute, how paid, 160 .................. . .......................................... 56
teachers' institutes, 158 ................................................................... 55
vouchers for, where filed, 161 ...................................... 56
to be paid by teachers on obtaining certificates, 154 ........................................ 54
FEMALES :
eligible to district offices, 31 .................................................................. 17
office of township school inspector, 153 .......................................... 54
may vote at school district meetings, 24 ............. ........................................ 13
sFiNES :
for breach of penal laws, con. prov., art. xiii., sec. 12 ........................................
apportionment of, 122 ____ *. ......................... . ............. 43
damages done to library books, 115 ...................................................... 42
disturbing district meeting, 26 ........................................................... 14
school, 44 ...................................................................... 20
(See Penalties.)
FORFEITURES:
(See Penalties.)
FORMATION :
of districts. (See School Districts; also Township Board of Inspectors.)
teachers' associations, 169, 171 ............................................................ 58,59
FORM OF OATH :
to challenged voter, 25 ........................................................................ 14
INDEX. 115
FORMS FOR PROCEEDINGS. ( Appendix B):
of acceptance of office, No. 5 90
appointment of district officer by district board, No. H 94
inspectors, No. 15 94
assessor's bond, No. 6 90
bond of chairman of board of inspectors, No. 13 93
certificate of inspectors oil establishing site, No. 17 94
to township clerk of taxes, No. 12.... 93
supervisor of taxes, No. 33 96
contract for building school-house, No. 25 98
with teacher, No. 36 99
deed to school-house site, No. 23 97
lease to school district, No. 24 98
notice of annual meeting, No. 7 91
first meeting in school district, No. 3 89
meeting of inspectors, No. 16 94
special meetings in district, No. 9 92
to director of alteration in district, No. 4 90
moneys apportioned district, No. 21 96
inhabitant of formation of district, No. 1 89
township clerk of moneys to be apportioned, No. 19 95
treasurer of apportionment, No. 20 96
order upon assessor for payment. No. 10 92
request of voters for special meeting, No. 8 91
return of notice by inhabitant on formation of district, No. 3 90
teacher's register of school, No. 27 100
warrant on township treasurer for district moneys, No. 11 92
library moneys, No. 18 95
FRACTIONAL DISTRICTS :
(See School Districts ; also, Township Board of Inspectors.
FREE SCHOOLS :
to be provided, con. prov., art. xiii, sec. 4 6
FREE TEXT BOOKS :
district to vote on question of furnishing, 207 67
board to purchase when authorized, 207 67
make contract for furnishing, 208 67
advertise for proposals when authorized by district, 208 67
estimate amount necessary to purchase, 209_ 67
incur penalty for failure to comply with law, 211 68
to be the property of the district, 307 67
FUNDS :
educational, con. prov., art. xiii, sees. 2, 3 5, 6
library, con. prov., art. xiii, sec. 12
teachers' institute, 155 55
(See Moneys.)
GRADED SCHOOL, DISTRICTS:
annual meeting of, 21
notice of intention to organize, 107, 111 39, 41
not limited to nine sections of land, 110 41
officers to be elected by trustees, 108
two or more contiguous districts may organize, 111
trustees, consent of to be obtained to alteration in boundaries, 110
election and term of office, 107, 111 39, 41
powers and duties of, 108, 109 40
(See School Districts.)
116 INDEX.
PAGE.
GRADING :
of pupils not prevented in any district, 45 21
in graded school districts, 109 40
GRADES OF CERTIFICATES :
to teachers, 130 46
HIGH SCHOOLS:
may be established in certain districts, 109 40
(See traded School Districts.)
INCIDENTAL EXPENSES :
estimated by district board, 36 18
INDEBTEDNESS :
of districts, 78 31
(See Bonds.)
INDIANS :
children of, when not included in census, 49 23
INHABITANT, TAXABLE :
(See Taxable Inhabitant.)
INSPECTION, BOARD OF:
(See Board of Inspection.)
INSPECTORS, BOARD OF SCHOOL:
(See Township Board of School Inspectors.)
INSTITUTES :
(See Teachers' Institutes.)
INSTITUTIONS :
for deaf, dumb, and blind, con. prov., art. xiii, sec. 10
INSTRUCTION :
superintendent of public instruction to have supervision, 1
to be conducted in the English language, con. prov., art. xiii, sec. 4 6
INTEREST:
on bonds limited, 79 31
judgment against district, 88 33
money lost by certain officers, 141, 142 51
state funds for educational purposes, con. prov., art. xiii, sees. 2, 3.. 5, 6
apportionment of , by state superintendent, t 9
tax may be voted to pay, 80 32
JOINT MEETINGS:
of school examiners and school inspectors, 131 47
township boards, 104 38
school inspectors, 11 10
JUDGE OF PROBATE :
to notify county clerk of election of secretary of board of examiners, 126 45
participate in the election of secretary of board of examiners, L26 44
removal of secretary of board of examiners, 136 50
fill ing vacancy in office of secretary board of examiners, 136 50
JUDGMENTS :
against school districts, 82, 88 32,33
execution not to issue on, 84 3
in proceedings to obtain site, 95 35
taxes to pay, 69 29
JURISDICTION :
in actions against districts, 82 32
JURY:
in proceedings to obtain site, 90-94 33-35
INDEX. 11?
PAGE.
JUVENILE DISORDERLY PERSONS:
penalties imposed upon in certain cases, 192, 204 62, 66
parents of in certain cases, 192 62
proceedings in case of, 191, 192, 204 62.66
to be sent to ungraded school, 191 62
who constitute, 189, 203 62,65
LAND:
when not taxed for building school-house, 27 15
proceedings to obtain, for school-house site, 90-103 33,37
LAWS:
relative to schools to be published and furnished to officers, 3 8
LEASE :
of a school-house site, 35 . 18
LEGISLATURE :
to provide for agricultural school, con. prov. , art. xiii, sec. 11 7
free schools, con. prov., art. xiii, sec. 4 6
libraries, con. prov., art. xiii, sec. 12 7
LIABILITIES :
of board of inspectors for neglect, 141 51
county clerk for neglect, 142 51
district officers to removal, 145 52
parent for failure to send child to school, 192 62
township clerk for neglect, 141 51
supervisor for neglect, 144 51
(See Penalties.)
LIBRARIAN :
to be appointed, 116 42
LIBRARIES :
books to be purchased for, by district board, 114 42
damages to books in, 115 _ 42
district board may donate or sell library books to township, 124 .'.< 44
librarian of township, 116 42
provisions respecting, 112-124 41-44
tax for support of, 123 43
what districts may establish, 117 42
where kept, 116 42
fund for, apportionment of, 121 43
expended by inspectors, to be accounted for to township board, 57 26
forfeitures of, 120 43
inspectors to apply for, 114 42
penal fines to be applied to, con. prov., art. xiii, see. 12 7
State superintendent to furnish statement of townships, etc., entitled to, 121 43
to be used for purchase of books, 122 43
warrant on township treasurer for, 73 30
when not to be forfeited, 120 43
rules for, 3, 115 (See Appendix C) 8,42,101
school officers, etc., not to act as agents for books for, 146. 52
to be established, con. prov., art. xiii, sec. 12
township inspectors to report statistics of, 119
(See Appendix C, for Rules.)
LIMIT OF INDEBTEDNESS :
(See Bonds.)
LIMIT OF TAXES :
(See Taxes.)
MANAGEMENT OF SCHOOLS :
(See District Board; also, Regulations.)
15
118
INDEX.
PAGE.
MAPS:
of townships showing boundaries of districts, 61 26
MEETINGS :
fo election of school examiners, 135 44
examination of teachers, 127, 128 - 45
joint, of school examiners and school inspectors, 131 47
inspectors, 11 10
township boards, 104 38
of board of inspectors, 58 - 26
when school-house used for public, 41 19
(See District Meetings.)
MEMBERS :
of board of trustees, 107 r 39
county school examiners, 125 44
district boards, 33 17
State board of education, con. prov., art. xiii, sec. 9
township board of school inspectors, 53
MODERATOR :
acceptance of office by, 32 , . 17
a member of district board, 33
and assessor to audit and pay directors' accounts, 48
director to approve bond of assessor, 52 23
appointment of, 30 17
pro tern, at district meetings, 27 15
election and term of office, 28, 108 16, 40
may be removed by township board, 145
penalty for neglect to accept office or perform duties, 139
to bring suit on assessor's bond, 47 21
countersign warrants and orders, 47 21
give oath to challenged voter, 25 14
preside and preserve order at district meetings, 47 21
(See District Board.)
MONEYS :
accrued from one-mill tax, how used, 66 28
apportionment by State superintendent, 4, 5,6 9
to districts by township clerk, 63, 64 27
board to apply according to law, 38 18
report to annual meeting receipts and disbursements, 39 19
collected on account of neglect of officers, 143 51
assessor's bond, how applied, 52 23
collected on bond of chairman of board of inspectors, how applied, 54 25
county treasurer to apply for and pay, 77 30
apportion library moneys, 122 43
districts entitled to receive, 27, 56, 66 15,25, 28
duties of township treasurer in collecting, 65, 69, 74 ...27,29,30
paying, 72, 74 30
for payment for site deposited with county treasurer, 96, 101 35, 37
library, apportionment of, 122 43
derived from penal fines, con. prov., art. xiii, sec. 12
forfeiture of, 120 43
inspectors to apply for, 114 42
to be used for the purchase of books, 122 43
when may be used for school purposes, 122 43
limitations as to borrowing of, 78 31
may be borrowed in certain cases, 36 18
not to be diverted except by a two-thirds vote, 38 18
paid to teacher not having certificate, 38 18
INDEX. 119
MONEYS (Continued) :
not to be used for sectarian schools, 38 18
of a district when divided to be apportioned, 19, 20 12
officer making illegal use of to be removed, 145 52
orders for, 48 21
paid by old to new districts, how applied, 67 28
payment of, to fractional districts, 74 30
primary school interest fund, apportionment of, 4-6, 63, 77 , 9, 27, 30
districts entitled to receive, 27,56 15, 25
how constituted, con. prov., art. xiii, sees. 2, 3 5, 6
to be used only for teachers' wages, 38 18
when withheld from districts, con. prov., art. xiii, sec. 5 . 6
public moneys, defined, 172 58
how to be used, 174 59
interest on, 175.. 59
no consideration to be received by officer for deposit of, 176... 59
penalty for illegal payment of, 179 59
not to exempt from prosecution under general law, 178 59
to be kept separate from all other funds, 173. 59
raised by tax, how apportioned, 61 27
report of receipts and disbursements of, by assessor, 52 23
district board, 39 19
inspectors, 57 26
school moneys to be paid next to township expenses, 72 30
surplus of, may be appropriated to certain objects, 27 15
not to be apportioned to districts employing unqualified teachers, 56 25
pay for site, when deposited with county treasurer, 96 35
(See Taxes.) ^
MONTH, SCHOOL :
of what to consist, 40 19
NAME
and style of a school district, 14 11
NEGLECT :
of county clerk to transmit reports, 142 51
district officers, 139 51
inspectors in not reporting, 141 51
parent or guardian to send child to school, 192 62
supervisor and township clerk in regard to taxes, 144 51
taxable inhabitant to serve and return notice, 138 51
township clerk to transmit report, 141 51
NON-RESIDENT :
pupils, admission of , 46 21
when may be attached to district, 17 12
NORMAL SCHOOL :
(See State Normal School.)
NOTICE :
by county treasurer of moneys apportioned, 77 30
State superintendent of apportionment, 4, 121 9,43
supervisor to treasurer of taxes assessed, 69, 70 29
township board of proceedings to remove from office, 145 52
clerk to supervisor of taxes, 62 26
on failure of a new district to organize, 10 10
treasurer of moneys in his hands, 73 30
in proceedings to obtain site, 92 34
of district meeting, 23 13
apportionment of moneys to districts, 63 27
first meeting in a new district, 9 10
120
INDEX.
PAGE.
NOTICE (Continued) :
of formation of teachers' association, 169 58
intention to vote on borrowing money, 81 32
meeting of inspectors, 15 11
to form fractional districts, 11 10
for examination of teachers, 127 45
to organize as a graded school district, 107 39
meetings to be given by director, 48 21
special meetings to indicate business, 22 13
to directors of moneys to be apportioned, 63 27
parent or guardian that child does not attend school, 191 62
taxable inhabitant on formation of district, 9 10
teacher of intention to revoke certificate, 130 47
OATH:
by challenged voter at district meetings, 25 . 14
if false, deemed perjury 25 14
of deputy superintendent of public instruction, 2 8
juror in proceedings to obtain site, 94 35
members of board of school examiners, 125 44
to be made to correctness of census list, 49 22
OFFICE :
acceptance of , to be filed, 32,108 17,40
removal from, 145 52
term of , district officers, 28, 108 16,40
inspectors, 152 54
members of board of school examiners, 125 44
State board of education, con. prov., art. xiii, sec. 9
regents of the university, con. prov., art. xiii, sec. 6 6
State officers, con. prov., art. viii, sec. 1
OFFICERS :
(See names of tlie several offices.)
OFFICIAL BONDS :
of assessor, 52 23
chairman of board of inspectors, 54 26
secretary of board of examiners, 126 44
ONE-MILL TAX :
assessment, collection and disposition of, 66 28
how surplus may be applied, 27 15
(See Taxes.)
ORDERS :
of inspectors upon township treasurer, 114 42
on assessor, to be drawn and signed by director, 48 21
countersigned by moderator, 47 31
to be paid from proper funds, 52 23
(See Warrants; also, Moneys.)
ORGANIZATION :
of a new district, 8-13 10-11
(See School Districts; also. Township Board of Inspectors.)
PARENTS AND GUARDIANS :
entitled to vote, 24 13
liability for not sending children to school 184 60
proceedings against for failure to send children to school, 192 62
required to send children to school, 180,182 59,60
to be discharged in case of inability, 192 62
notified by truant officers, 190, 191 62
INDEX. 121
PAGE.
PENALTIES AND FORFEITURES:
for damages to library books, 115 1 42
illegal payment of public moneys, 179 59
moneys collected for, how applied, 143 51
on county clerk for not transmitting reports, 142 51
district for not maintaining three months' school, con. prov., art. xiii, 5 6
certain length of school, 27, 66 15,28
officers for neglect to accept office or perform duties, 139 51
inspectors for not qualifying, or neglecting duties, 140 51
reporting, 141 51
supervisor and clerk for neglect in regard to taxes, 144 51
taxable inhabitant for neglect of duties in formation of district, 138 51
township clerk for neglect in transmitting reports, 141 51
township board to remove certain officers, 145 52
parent or guardian failing to send child to school, 184 60
persons employing unschooled children, 181, 198 60, 64
officers of corporations for violating certain provisions, 186, 200 61, 65
director of school district for making false certificate, 196 64
superintendent of school for making false certificate, 196 64
PERJURY :
false oath deemed, 25 14
PHYSIOLOGY AND HYGIENE:
director to file copy of teacher's certificate of instruction with township clerk, 42 20
penalty for failure of district board to comply with statute, 42 20
teacher to certify whether instruction has been given in, 42 20
text-books to be adopted by district board, 42 20
approved by State Board of Education, 42 20
to be taught in all public schools in the State, 42 20
POLL-LIST :
lo be kept when voting on issuance of bonds, 78 31
POOR CHILDREN:
to be furnished with text-books, 43, 183, 193 20,60,63
PRESIDENT :
of university, con. prov., art. xiii, sec. 8
PRIMARY SCHOOLS:
(See Schools.)
PRIMARY SCHOOL INTEREST FUND:
apportionment of , 4
when reports are defective, 5 9
deficiencies may be paid, 6
to districts, 63
constitutional provisions respecting, art. xiii, sees. 2, 3 5, 6
county clerk's duties in relation to apportionment of, 76
treasurer's duties in relation to apportionment of , 77
school to be maintained three months to secure, con. prov., art. xiii, sec. 5
certain time to secure, 27 15
to be used only for teachers' wages, 38
PROCEEDINGS :
against school districts, 82-88 32-33
for removal of officers, 145
to obtain site for school-house, 89-103... f
upon appeal from action of inspectors to township board, 104-106
PROPERTY:
of district, care and preservation of, 41, 109 1 9 40
sale of, may be directed by voters, 27
when may be by inspectors, 19
when district is divided, to be apportioned, 19, 20
teachers' associations, 170
L22 INDEX.
PAGE.
PROSECUTION :
(See Actions ; Proceedings : also, Suits.)
PUBLIC INSTRUCTION:
(See Superintendent of Public Instruction.)
PUBLIC MEETINGS :
when may be admitted to school-house, 41 J9
PUBLIC MONEYS :
(See Moneys.)
PURCHASE :
of apparatus and appendages to school-house, 48 21
books for library, 114 42
poor children, 43, 183, 193 20,60,63
records of district, 34 18
school site or school-house, 35 18
PUPILS :
admission of, to schools, 45, 46, 109 21,40
classification of 45,109 21,40
tuition of non-resident, 46 21
when may be suspended or expelled, 44 20
who may be, 45 21
QUESTIONS :
for examination of teachers. 128 45
RECORD :
director to keep, of proceedings, 9, 48 10, 21
of acceptance of office, 32 17
board of school examiners, 133 47
certificates to teachers, 133 47
consent of trustees to alter graded school district, 110 41
director, to be evidence of organization of district, 13 11
inspectors to be kept in office of township clerk, 59 26
pupils, to be kept by teacher, 40 19
removals from office, 145 52
report of taxes to annual meeting, 39 19
REGENTS:
of the university, con. prov., art. xiii, 6, 7 6
REGISTER :
of school to be kept by teacher, 40 19
REGULATIONS :
at election to vote on issuance of bonds, 78 31
for government of schools, 44 20
libraries, 115 42
REMOVAL :
from district to vacate office, 29 17
of house from leased site, 35 18
members of board of school examiners from office, 136 50
officers by township board, 145 52
in graded school districts, 108 40
REPAIRS :
(See School- nouses.)
REPORT :
liability of officers for failing to report, 141, 142 51
of board to annual meeting, 39 19
township cleric, of taxes, 82 26
chairman of board of school inspectors, 134 48
director to inspectors, 50 23
how treated if false, 56 25
where filed, 59 ... 26
INDEX. 123
PAGE.
REPORT (Continued) :
of director to whom made n fractional districts, 51 23
inspectors to county clerk, 55, 119 25, 42
county clerks duties in relation to, 76.. 30
to township board of finances, 57 26
secretary of board of school examiners, 133 47
superintendent of public nstruction, 1 8
supervisor to township treasurer, of taxes assessed, 69 29
township clerk to treasurer and directors, of moneys, 63, 64 27
REQUEST :
to call special meeting, 22 13
RESIDENTS :
ceasing to be, vacates offices, 29 17"
exceptions of, in school census, 49 22"
notified of first meeting in a new district, 9 10
qualifications of , to vote at district meetings, 24 13
rights of, to attend school, 45 2L
RETURN :
of notice of first meeting on organization of district, 9 10
REVOCATION OF TEACHER'S CERTIFICATE :
by board of school examiners, 130 47
state board of education, 165, 166, 168 57
RULES :
(See Regulations.)
RULES FOR LIBRARIES:
(See Appendix C.)
SALE OF PROPERTY :
directed by district, 27 15
when by inspectors, 19 12
district board, 35 18
SCHOLARS :
(See Pupils.)
SCHOOL:
admission of resident pupils to, 45 21
non-resident pupils to, 46 21
agricultural, to be provided for, con. prov., art. xiii, sec. 11 7
board to establish regulations for, 44 20
prescribe text-books, 42 20
provide for minimum length of time of, 27 5
examination of, 133 47
may be graded, 45, 109 21,40
not to be sectarian, 38 18
separated on account of race, 45 21
penalty for disturbing, 44 20
register of , to be kept by teachers, 40 19
statistics of, to be reported by director, 50 23
support of, taxes to be estimated and voted by board, 36 18
suspension or expulsion of pupils from, 44 20
time necessary to be maintained, 27,66 15,28
to be free, con. prov., art. xiii, sec. 4 6
maintained at least three months, con. prov., art. xiii, sec. 5 6
ungraded, to be established in certain cases,187 61
visitation and examination of, 133
SCHOOL BOARD:
(See District Board.)
SCHOOL BOOKS:
(See Text Books.)
124 INDEX.
PAGE.
SCHOOL CENSUS:
when and how taken, 49 22
time of taking, not to be changed, 21 13
SCHOOL DISTRICTS :
alterations in, to be reported to director, 18 12
when consent of tax-payers to be obtained, 16 11
annual report of, 39 19
appeal from inspectors' action in forming, dividing, or consolidating of, 104-106 38
corporate powers of, 14 11
division of property in forming new from old, 19 12
formation of , 8-13 10-11
fractional, formation of, 11 10
v judgments against, 87 33
levying and collecting taxes in, 68 38
graded school districts, 107-111 39-41
map showing boundaries to be made, 61 26
may borrow money in certain cases, 36 18
to pay indebtedness, 78 31
vote tax to pay money borrowed, 81 , . 32
meetings of, 31-27 13,15
moneys to be apportioned to, 63, 64 27
when paid by old to new, 67 28
name and style of, 14 11
suits and judgments, 82-88 32-33
to be numbered by inspectors, 8 10
contain no more than nine sections of land, 8 10
not receive moneys when employing unqualified teachers, 56 25
what districts may organize as graded, 107, 111 39, 41
when deemed legally organized, 12 11
when persons outside may be attached, 17 12
who to appear in suits for or against, 52
(See District Meetings ; also Voters.)
SCHOOL EXAMINERS :
(See County Board of School Examiners.)
SCHOOL FUNDS:
(See Moneys.)
-SCHOOL HOUSES:
appendages to, district to vote tax for, 27 15
director to provide, 48 21
board to procure, 35 18
bonds maybe issued to build, 78 31
building committee may be appointed t& supervise building of, 27 15
secretary of board of examiners to note condition of, 133 47
district to direct the procuring of , 27 15
limitation of indebtedness to build, 78 31
repairs to, 27 15
site for, to be purchased or leased, 35
tax for building, limited, 27 15
repairing, limited, 27 15
to be in care of district board, 41 19
when certain persons not liable to tax for building, 17
land not taxed for building 27 , 15
not needed may be sold, 19, 27, 35 12,15, 18
opened or closed to public meetings, 41 19
SCHOOL-HOUSE SITES :
(See Sites for School- Homes.)
INDEX. 125
SCHOOL INSPECTORS :
(See Township Board of School Inspectors.)
SCHOOL LAWS:
to be published, 3 8
SCHOOL MONEYS :
(See Moneys.)
SCHOOL MONTH :
of what to consist, 40 19
SCHOOL PROPERTY:
(See Property.)
SCHOOL TAXES :
(See Taxes.)
SCHOOL TEACHERS :
(See Teachers.)
SCHOOL YEAR :
when to commence, 21 13
SECRETARY OF BOARD OF SCHOOL EXAMINERS:
duties of, 133 47
compensation of, 135 49
election of, 126.. 44
to file acceptance of office, and bond, 126... 44
hold examinations for teachers, 127 45
to prepare schedule of examinations, 127 45
(See County Board of School Examiners.)
SECTARIAN SCHOOLS:
not to receive public moneys, 38 18
SITES FOR SCHOOL HOUSES :
board to purchase or lease, 35 18
compensation for, how determined in certain cases, 94 35
how designated, 89 33
issuance of bonds for purchase of, 878 31
lease or purchase of, 35 18
notice of meeting to change, 23 .- 13
proceedings to obtain, 89-103 33-37
to be selected by a two-thirds vote, 89 33
voters to direct the procuring of , 27 15
when not needed may be sold, 19, 35 12,18
SPECIAL MEETINGS :
(See District Meetings.)
STATE BOARD OF EDUCATION :
constitutional provision for, art. xiii, sec. 9
to grant diplomas to graduates of State normal school, 165, 166
State certificates to teachers, 168 57
STATE CERTIFICATES :
when granted by State board of education, 168 u 57
to graduates of State normal school, 165, 166 57
STATE INSTITUTIONS OF EDUCATIONAL CHARACTER :
to be under supervision of State superintendent, 1
STATE NORMAL SCHOOL:
diplomas and certificates to graduates of, 165, 166
to be lander care of state board of education, con. prov., art. xiii, sec. 9 7
STATE OFFICERS :
election and term of office of, etc., con. prov., art. yiii, sees. 1-3
STATE TFACHEKS' INSTITUTE :
to be held annually, 160
expenses of, how paid, 160
126 INDEX.
PAGE.
STATEMENT :
(See Notices ; ateo, Reports.)
STUDIES :
to be prescribed, 12 20
SUITS :
and judgments against districts, 82-88 32-33
assessor to appear for district, 52 24
directions given by meeting in regard to, 27 16
for collection of penalties, etc., 142-145 51-52
jurisdiction of justices in, 82 32
may be brought for or against school districts, 14 11
not brought to collect judgment, 84 32
on assessor's bond, 52 24
bond of chairman of board of inspectors, 54 25
summons in, served on assessor, 83
when moderator may appear in, for district, 52 24
(See Action ; Judgments; also, Proceedings.)
SUPERINTENDENT OF PUBLIC INSTRUCTION :
duties of, con. prov., art. xiii, sec. 1
relative to apportionment of primary school moneys, 4-6
election and term of office of, con. prov., art. viii., sees. 1, 2 5
may appoint conductors of teachers 1 institutes, 157 55
to appoint a deputy, 3
be a member and secretary of State board of education, con. prov., art. xiii, sec. 9
deliver official books, etc., to successor, 7 9
draw on State treasurer for expenses of State teachers 1 institute, 160 56
have general supervision of public instruction, 1
hold county teachers 1 institutes annually, 156 55
make annual reports to legislature, 1
prepare questions for examination of teachers, 128 46
prescribe forms of teachers' certificates, 128 45
rules for boards of school examiners, 129 46
publish ana transmit laws and forms to officers, 3
send examination questions to examining officers, 128 46
visit State institutions, etc., 1 8
vacancy in office, how filled, con. prov., art. viii, sec. 3 5
when may draw on State treasurer for aid to teachers' institutes, 159 56
where office shall be kept, con. prov., art. viii., sec. 1
SUPERVISION OF SCHOOLS :
(See County Board of School Examiners ; also, Chairman of Board of Inspectors.)
SUPERVISOR :
certifying and levying of taxes in fractional districts, 68
equalization of taxes, 68
liable for not assessing taxes, 144 51
map of township to be filed with, 61 26
to assess judgment against school district, 88 33
one-mill tax, 66 28
school taxes, 65 27
deliver warrant for collection of taxes to township treasurer, 69 29
township clerk to certify taxes to, 62 26
(See Taxes.)
SUPREME COURT DECISIONS:
(See Digest of Supreme Court Decisions.)
SURPLUS OF DOG- TAX:
how apportioned, note 68
SURPLUS OF SCHOOL MONEYS :
how maybe appropriated, 27 16
INDEX. 127
SUSPENSION : PAGE<
of pupils from school, 44 20
teachers' certificates, 130 47
TAXABLE INHABITANT :
duties in relation to formation of district, 9 10
penalty for neglect of duty, 138 51
TAXES :
apportionment of surplus dog-tax, note 68
when district is divided, 71 39
assessed upon division of district, 62 26
assessment of , 65, 66 27,28
certifying of, in fractional district, 68 28
duties of township treasurer relative to collection of, 65, 70 27, 29
equalization of, 68 29
estimated and reported by district board, 36 18
failing to be assessed, to be levied the next year, 85 27
for apparatus and appendages to school-house, 27 15
books for indigent children, 43, 183, 193 20,60, 63
building school-house, or purchase of site, 27 15
incidental expenses, 36 18
judgment against district, 88 33
libraries, 123 43
repairs to school-house, 27 15
school purposes to be paid next to township expenses, 72 30
in township before any school is maintained, 66 28
limit of, for certain purposes, 27 15
support of the school, 36 18
moneys raised by, not to be diverted, 38 18
non-tax-payers not to vote on questions involving taxation, 24 13
one-mill assessment, collection and disposition of, 66 28
how surplus may be applied, 27 16
on old district for new, 67 .* 28
report of, by board to township clerk, 37 18
township clerk to supervisor, 63 26
supervisor to assess, 65, 66 27,28
liability of, for not assessing, 144 51
to pay money borrowed, 80
township treasurer to pay to other treasurer, 74 30
warrant for collection of , 69 29
what land exempt from, for building school-house, 27 15
when collected, how apportioned, 64 -
reported to supervisor, 62
who may vote on questions involving taxation, 24 13
(See Moneys ; also, Supervisor.)
TEACHERS :
certificates, fees to be paid on obtaining, 154 5 *
given by county board of school examiners, 128 45
state board of education, 168 57
normal school, 165, 166 - 57
grades of, and qualifications necessary to obtain, 129
necessity of having, to entitle teacher to pay, 38
record of , to be kept, 133
revocation or suspension of, 130
contracts with, 10.
19
employment of, 40, 109 19 *
examination of, by county board of examiners, 127, 128
State board of education, 168 57
128 INDEX.
PAGE.
TEACHERS (Continued) :
list of, to be furnished township clerk, 133 48
examined by inspectors, 56
not to act as agents for school books and furniture, 146 52
public money not to be paid to, without holding certificates, 38 19
to be furnished with copy of contract, 40 1 19
file certificate of instruction in physiology, etc., with director, 42 20
keep school register, 40 19
TEACHERS' ASSOCIATIONS :
formation and incorporation of, 169-171
TEACHERS' INSTITUTES :
aid from State treasurer to, 159.... 56
annual institute in each county, 156 55
conductor of, may be appointed, 157 -
counties may be united in, 156 55
expenses of, how paid, 158
vouchers for, where filed, 161 L 56
funds for support of , how raised, 154, 155 54
State institute to be held annually, 160 56
expenses of, paid from State treasury, 160
TERM OF OFFICE :
of district officers, 28, 107 16,39
members of board of school examiners, 125 44
State board of education, con. prov., art xiii, sec. 9
regents of the university, con. prov., art. xiii, sec. 6 6
State officers, con. prov., art. viii, sec. 2
township officers, 151, 152 53,54
TEXT BOOKS :
free, in certain cases, 208 67
district to vote on question of furnishing, 207
board to purchase when authorized, 207 67
make contract for furnishing, 208 67
advertise for proposals when authorized by district, 208
estimate amount necessary to purchase, 209 67
incur penalty for failure to comply with the law, 211 68
to be the property of the district, 207 67
to be furnished to indigent children, 43, 183,193 20, 60,63
prescribed by district board, 42 20
on physiology and hygiene to be approved by State board of education, 42
TOWNSHIP BOARD:
duties of in case of appeal from inspectors 1 action, 104-106 38-39
may remove certain officers, 145 52
to allow accounts of inspectors, 57 26
audit and pay for services of township inspector, 135 49
TOWNSHIP BOARD OF SCHOOL INSPECTORS:
appeal from action of, to township board, 104-106 38, 39
chairman and clerk of , 53 25
> to be treasurer of, and give bond, 54
clerk of, to notify directors of alterations in districts, 18 12
taxable inhabitant of formation of district, 9 10
director to report to, 50
duties of, concerning libraries, 112-123 41,43
in forming fractional districts, 811 10
liability for neglect to report, 141
library money subject to order of, 72
may attach certain non-residents, 17 12
member of, may be removed by township board, 145
INDEX.
TOWNSHIP BOARD OF SCHOOL, INSPECTORS (Continued) :
notice and number of meetings, 15, 58 11, 26
on determining site to certify to director, 89 33
penalty for neglect to qualify or perform duties, 140 51
records of, kept in office of township clerk, 59 26
reports, abstracts of, 1 8
examination of, by secretary board of examiners, 133 48
to be made in triplicate, 55 25
restricted in altering boundaries of graded school districts, 110 41
tax determined upon division of a district, 19 12
to account to township board for funds received and disbursed, 57 28
apply for library moneys, 114 _ 42
alter boundaries of districts, 8,16 10,11
apportion property on division of a district, 19,20 12
certify facts relating to employment of unqualified teachers, 56 25
divide township into school districts, 8 10
examine list of teachers before reporting to county clerk, 56 25
have care of township library, 115 42
number districts, 8 10
purchase books for township library, 114 42
township clerk, to transmit reports of, to secretary board of examiners, 55 _. 25
when may appoint district officers, 30, 108 17,40
attach persons to districts, 17 12
sell school-house or site, 19 12
to determine site, 89 S
who to constitute board, 53 25
TOWNSHIP CLERK:
a member and clerk of board of inspectors, 53, 59 - 25, 26
duties of, as inspector, 59 26
election and term of office of, 150, 152 53,54
liability for neglect in transmitting reports, 141 51
not reporting taxes to supervisor, 144 51
to apportion moneys to districts, 63, 64 27
approve and file bond of chairman of board of inspectors, 54 2&
bond of appellants from inspectors' action, 105
be furnished with list of teachers, 133 48
bring suit on bond of chairman of board of inspectors, 54 25
certify taxes to supervisor, 62
file map of township with supervisor, 61
forward inspectors reports to secretary county board of examiners, 55
give notice of meeting of inspectors, 15
formation of new district, 9, 10 10
to directors of moneys apportioned, 64
keep records, reports, books, etc., on file, 59... !
make map of township showing boundaries of districts, 61..
not act on township board in case of appeal from inspectors, 106
notify county clerk of chairman of board of inspectors, 60
director of alterations in district, 18 --
record order for removal of officer, 8145
proceedings of board of inspectors, 59
receive and dispose of communications, 59
report taxes to supervisor, 62
transmit to secretary board of examiners reports of inspectors, 55
(See Township Board of School Inspectors.)
TOWNSHIP SCHOOL INSPECTORS :
(See Township Board of School Inspectors.)
130 INDEX.
PAGE.
TOWNSHIP LIBRARY :
(See Libraries.)
TOWNSHIP TREASURER :
duties in relation to taxes in fractional districts, 70, 74 M . 29, 30
election and term of office of, 150, 152 53,54
to apply to county treasurer for moneys, 73 30
give notice to township clerk of moneys, 73, 74 30
hold moneys subject to proper orders and warrants, 72 30
pay library moneys to inspectors, 114 42
school taxes next to township expenses, 72 30
recover penalties, etc., from certain officers, 141, 143 51
warrant for collection of taxes, 69, 70 29
warrants on, to be signed by director and moderator, 47, 48 21
(See Moneys ; also, Taxes.)
TREASURER, COUNTY :
(See County Treasurer.)
TREASURER OF BOARD OF SCHOOL INSPECTORS :
(See Chairman of Board of School Inspectors.)
TREASURER OF DISTRICT:
(See Assessor.)
TREASURER, TOWNSHIP :
(See Township Treasurer.)
TRIAL :
(See Action ; Proceedings ; aiso, Suits.)
TRUANTS :
sent to reformatory institutions in certain cases, 192, 204 63, 66
tried by justice or recorder, 192, 204 63,66
ungraded school to be provided for, 187 61
whoshall be deemed, 189, 203 62,65
TRUANT OFFICERS:
duty to enforce compulsory educational laws, 186 61
examine into cases of truancy, 188 v . 61
institute proceedings in certain cases, 192
make complaints in truancy cases, 192 -
warn truants and their parents or guardians, 190, 191 62
how appointed, 188 ... 61
TRUSTEES, BOARD OF:
(See Board of Trustees.)
TUITION :
may be charged for studies in high school, 109 40
of non-resident pupils, 46 21
UNGRADED SCHOOLS:
juvenile disorderly persons to be sent to, 190 62
may be established in graded school districts, 187 61
UNION SCHOOL* DISTRICT :
(See Graded School District.)
UNIVERSITY :
constitutional provisions, art. xiii, sees. 6-8 6
VACANCY:
in board of school examiners, 136 50
trustees of graded school district, 108 40
district offices, how occasioned and filled, 29, 30 17
office of regent, con. prov., art. xiii, sec. 6 6
secretary of board of examiners, 136 50
state officers, con. prov., art. viii, sec. 3 5
(See Appointment.)
INDEX. 131
PAGE.
VENIRE :
in proceedings to obtain site, 91-93 34
VISITATION :
and examination of schools, 133 48
VOTERS :
challenge of , 25 14
who are qualified, 24 - 13
(See District Meetings.)
VOUCHERS :
for accounts of inspectors, 57 26
expenditures by assessor, 52 24
payments at teachers' institutes, 161 56
WARRANTS :
on state treasurer for primary school interest fund, 4 9
township treasurer, 47,48,72 12,22,30
to township treasurer, for collection of taxes, 69, 70 29
(.See Orders ; also, Township Treasurer.)
WITNESSES :
in proceedings to obtain site, 94 35
WOMEN :
eligible to election to district offices, 31 17
office of school inspector, 153 54
qualified as voters at district meetings, 34 13
YEAR, SCHOOL:
when to commence, 21 13
UDO /U